Denied k-1 visa

[boldee 0]

Ok so, I got a reply to my email from the Lagos Consulate today. In spite of my whole clarification and appeal and explanation, they said the case is already closed as far as they are concerned, and that they are going to send back my petition to DHS/USCIS. They told me to direct all inquiries about the case to the DHS/USCIS. So cold!!! I called the DHS and explained the misunderstanding, and the DHS told me to wait for my petition to get to them first, so they can review and decide. My representative also said he sent them a note today to reconsider, but he has no guarantee that they'll listen. Told me it could take 2 to 3 weeks to hear anything. At this point, it's a waiting game. Anybody have any experience as to how long it took for their petition to be returned, reviewed and reapproved? It feels so helpless and frustrating to be so powerless!

Hello Tero,Firstly I'm so sorry for what happened with ur petition.This is exactly what happened to me during my interview early this year,the CO said we were married cos we did introduction and also gave gifts.I later found out from the registrar of Ikoyi registry in Lagos that introduction/engagement are regarded as marriage in Nigeria's customary laws.We were left with no other choice than for my fiancee(now my wife) to come down and quickly went to a registry,collected a marriage certificate then file a spousal visa.

My advice therefore to u is to come down here and get married then apply for a spousal visa just like I did.Why?This is because it took a total of about six months for the embassy to send back our petition to USCIS and for them (USCIS) to reach a decision which they ultimately denied.So my brother,u have just got to be very fast about it,forget about the K1 and move on.

Good luck to u n ur fiancee.

[Tero 105]

Any news

Thanks for the concern. I used two of my senate reps almost a week apart. The fist one told me late last week that the consulate replied him that we were married according to the Nigerian custom laws when my fiancée admitted I gave some gifts, hence they could not issue us a K-1 visa. I was hoping to get a positive feedback form the second one who told me she has not gotten any response from them yet and would resend the appeal today. I was still optimistic until I saw the next response to this topic after yours.

Hello Tero,Firstly I'm so sorry for what happened with ur petition.This is exactly what happened to me during my interview early this year,the CO said we were married cos we did introduction and also gave gifts.I later found out from the registrar of Ikoyi registry in Lagos that introduction/engagement are regarded as marriage in Nigeria's customary laws.We were left with no other choice than for my fiancee(now my wife) to come down and quickly went to a registry,collected a marriage certificate then file a spousal visa.

My advice therefore to u is to come down here and get married then apply for a spousal visa just like I did.Why?This is because it took a total of about six months for the embassy to send back our petition to USCIS and for them (USCIS) to reach a decision which they ultimately denied.So my brother,u have just got to be very fast about it,forget about the K1 and move on.

Good luck to u n ur fiancee.

Thanks for the info. Up till now I was still hopeful, I guess I have to move on. Actually, one of the senate reps I am using got a reply from the embassy and was told that according to the Nigerian customary law we were married, hence they would not grant a K-1 visa. I was hoping the second senate representative would give me a better news ...I guess I should not expect anything different from her either. Thanks for the heads up, now I have to plan a trip. Could you please tell me how long it took you to get your interview the second time when you filed for the spousal visa?

[NigeriaorBust 4,087]

Isn't it amazing that they can declare you married and you didn't know it. I don't find anywhere in the Nigerian marriage act that this constitutes a marriage. We all know that the marriage registry would issue a license to a goat if enough cash was involved. I wonder if they give the gift back are you divorced ?

[boldee 0]

Thanks for the concern. I used two of my senate reps almost a week apart. The fist one told me late last week that the consulate replied him that we were married according to the Nigerian custom laws when my fiancée admitted I gave some gifts, hence they could not issue us a K-1 visa. I was hoping to get a positive feedback form the second one who told me she has not gotten any response from them yet and would resend the appeal today. I was still optimistic until I saw the next response to this topic after yours.

Thanks for the info. Up till now I was still hopeful, I guess I have to move on. Actually, one of the senate reps I am using got a reply from the embassy and was told that according to the Nigerian customary law we were married, hence they would not grant a K-1 visa. I was hoping the second senate representative would give me a better news ...I guess I should not expect anything different from her either. Thanks for the heads up, now I have to plan a trip. Could you please tell me how long it took you to get your interview the second time when you filed for the spousal visa?

Well I'm still waiting for the interview,our petition is still at NVC.

[Tero 105]

Isn't it amazing that they can declare you married and you didn't know it. I don't find anywhere in the Nigerian marriage act that this constitutes a marriage. We all know that the marriage registry would issue a license to a goat if enough cash was involved. I wonder if they give the gift back are you divorced ?

Honestly, it beats me how they can be convinced that you are married by just giving gifts, yet they would want further proof if you filed a K-3.

Funny how a gift convinces them you are married but not enough as a proof for a K-3 visa... Ridiculous!

[Tero 105]

Well I'm still waiting for the interview,our petition is still at NVC.

Well, I see it's been about 5 months for you now. I hope they give you an interview on time. Couldn't you have gotten your senate reps involved so it would be faster this time around?

[boldee 0]

Well, I see it's been about 5 months for you now. I hope they give you an interview on time. Couldn't you have gotten your senate reps involved so it would be faster this time around?

I hope so too.We decided not to cos e do not want any 'wahala'.Thanks.

[Tero 105]

I hope so too.We decided not to cos e do not want any 'wahala'.Thanks.

Haha! Ok, good luck. I hope you don't get the Chinese lady at the interview...or any of her kind!

[DebbyNSeyi 15]

Tero,

I'm first reading your post and this whole thread now and am sadly shaking my head.

My fiance and I were also denied the K1 back in March after they made him first go thru 8 months of AP!

The ridiculous denial reason they gave us is because - when asked why we went with a K1 and not a CR1 - we replied that I had kids from a previous marriage and I wanted them to meet him first as my fiance and then they'd also be able to attend the wedding. They interpreted that to mean that I wanted to "try before I buy" (so to speak) and that I had no serious imminent intention of marrying him! The nerve to draw those conclusions! After 4 trips to Nigeria in 15 months, documentation that weighed a ton proving beyond a shadow of a doubt a bonafide relationship, 8 months of AP and a home visit to my fiance's house to verify his credentials - they have the nerve to deny him based on their flimsy interpretation?

Tero, I tried doing EVERYTHING you tried to do to get it overturned and re-reviewed: contacted all my congressional reps, all the phone call attempts to the Embassy, the emails, I even hired a famous attorney to mail out a letter with a packet full of family and friend affidavits verifying my intentions to marry him.

All to no avail. They gave me the same BS answer: "Case is closed here, contact the DHS/USCIS".

As you can see from my timeline, I picked myself up, went down to Lagos a 5th time, got married, came home and started the whole friggin process again. Unfortunately, I don't believe that they process repeat filers for the same beneficiary any faster than anyone else. I've had to learn to wait...and wait....and wait some more.

You can all have your own opinion but my opinion is this - This country - I'm speaking of the good ole U.S. of A. - is seriously messed up when it comes to the immigration process. That much I know for sure. Terrorists get in and PLENTY of scammers get in too but honest people are presumed guilty and have huge burden of proving their honest intentions and even THAT doesn't even work consistently.

Sorry for the rant, but I REALLY feel your frustration and I want you to know that I UNDERSTAND.

[Tero 105]

Tero,

I'm first reading your post and this whole thread now and am sadly shaking my head.

My fiance and I were also denied the K1 back in March after they made him first go thru 8 months of AP!

The ridiculous denial reason they gave us is because - when asked why we went with a K1 and not a CR1 - we replied that I had kids from a previous marriage and I wanted them to meet him first as my fiance and then they'd also be able to attend the wedding. They interpreted that to mean that I wanted to "try before I buy" (so to speak) and that I had no serious imminent intention of marrying him! The nerve to draw those conclusions! After 4 trips to Nigeria in 15 months, documentation that weighed a ton proving beyond a shadow of a doubt a bonafide relationship, 8 months of AP and a home visit to my fiance's house to verify his credentials - they have the nerve to deny him based on their flimsy interpretation?

Tero, I tried doing EVERYTHING you tried to do to get it overturned and re-reviewed: contacted all my congressional reps, all the phone call attempts to the Embassy, the emails, I even hired a famous attorney to mail out a letter with a packet full of family and friend affidavits verifying my intentions to marry him.

All to no avail. They gave me the same BS answer: "Case is closed here, contact the DHS/USCIS".

As you can see from my timeline, I picked myself up, went down to Lagos a 5th time, got married, came home and started the whole friggin process again. Unfortunately, I don't believe that they process repeat filers for the same beneficiary any faster than anyone else. I've had to learn to wait...and wait....and wait some more.

You can all have your own opinion but my opinion is this - This country - I'm speaking of the good ole U.S. of A. - is seriously messed up when it comes to the immigration process. That much I know for sure. Terrorists get in and PLENTY of scammers get in too but honest people are presumed guilty and have huge burden of proving their honest intentions and even THAT doesn't even work consistently.

Sorry for the rant, but I REALLY feel your frustration and I want you to know that I UNDERSTAND.

Wow! you know I feel your pain too! I have given up hope on my appeal. My fiancée wants me to relocate back to Nigeria and leave this country for them, but I know that is what they want. I don't want to let them win ...I'll start all over again. I am currently planning to take a trip down there and get married. Do you think this second filing process will go quicker if I get my reps involved?

[Kathryn41 3,205]

Posts about a different K-1 situation split off and made into its own topic so both OPs can get appropriate information specific for their circumstances instead of confusing them together: http://www.visajourn...d-could-appeal/

Edited August 21, 2010 by Kathryn41

[DebbyNSeyi 15]

Wow! you know I feel your pain too! I have given up hope on my appeal. My fiancée wants me to relocate back to Nigeria and leave this country for them, but I know that is what they want. I don't want to let them win ...I'll start all over again. I am currently planning to take a trip down there and get married. Do you think this second filing process will go quicker if I get my reps involved?

Someone please correct me if I am wrong, but from my own research, I don't believe that that you have grounds to get your petition approved faster based on the fact that your first petition for the same person culminated in a visa denial.

[Tero 105]

Someone please correct me if I am wrong, but from my own research, I don't believe that that you have grounds to get your petition approved faster based on the fact that your first petition for the same person culminated in a visa denial.

My question was whether or not your senate reps can help your application go any faster if you get them involved, since they are aware of the first case.

[NigeriaorBust 4,087]

My question was whether or not your senate reps can help your application go any faster if you get them involved, since they are aware of the first case.

No they have no control over the first in first out nature of the immigration process. However you have already gone through name checks so that will go faster.

[Nlove 0]

That's really bad of them. They did somebody else this way. What about American tradition? It's ok to give a gift to parents. That interviewer needs to be reported.