i need to visit hubby with USC baby!

[anthokad 3]

I need help in applying for a visa to visit my husband while my immigration visa is pending.

I and my husband started this journey in March 2009. After our Traditional wedding, he(a USC) filed for a fiancee visa for me in April 2009. After two interviews at the Lagos embassy, i was denied a visa in february 2010 because 'under the nigerian law, i am legally married to my husband and not eligible for a fiancee visa'. The interviewer advised that we should get married in court and file for a spouse visa. Our baby was born Dec 25,2009. My husband came to nigeria in march 2010, we got married in court, took our baby to the embassy and she was given her US passport. My husband filed for me again as a spouse in April this year, and we just got our NOA 2 this month.Now that this journey is taking so long, i and my baby want to spend Christmas with her daddy(it's her 1st birthday). How do i go about applying for a visit visa? what are my chances? I am gainfully employed and will not spend more that 1month on vacation. Please i need your suggestions.

[LADYDARE 28]

I need help in applying for a visa to visit my husband while my immigration visa is pending.

I and my husband started this journey in March 2009. After our Traditional wedding, he(a USC) filed for a fiancee visa for me in April 2009. After two interviews at the Lagos embassy, i was denied a visa in february 2010 because 'under the nigerian law, i am legally married to my husband and not eligible for a fiancee visa'. The interviewer advised that we should get married in court and file for a spouse visa. Our baby was born Dec 25,2009. My husband came to nigeria in march 2010, we got married in court, took our baby to the embassy and she was given her US passport. My husband filed for me again as a spouse in April this year, and we just got our NOA 2 this month.Now that this journey is taking so long, i and my baby want to spend Christmas with her daddy(it's her 1st birthday). How do i go about applying for a visit visa? what are my chances? I am gainfully employed and will not spend more that 1month on vacation. Please i need your suggestions.

You just got your NOA2 why dont you process that quickly so you can be scheduled for an interview...chances of getting a tourist visa in your case is very slim. I will purse the immigrant visa ASAP.

[carolynhotstuff 252]

Yes I agree that the chances of getting a visitor visa are very slim. Is it possible for your husband to come and see you and the baby?

[NigeriaorBust 4,087]

Having a job is part of being about to get a visitors visa in Nigeria. Showing your NOA2 might help prove you will come back to NIgeria for the interview, however as evil as Nigeria is it coudl also hurt ( show immigrant intent ) Being a future immigrant they know you will be leaving your job soon anyway. You also may not be able to get a visa appointment in time to get a decision before xmas. Sometimes the wait for a visitors appointment is months. I would check that first before worrying about other things. If you can't get the appointment then you are out of luck.

[patient2010 93]

It might be better that your husband the USC come back to visit you in Naija instead of you trying to come here. just my suggestion good luck in whatever decison you make.....

Edited October 21, 2010 by patient2010

[Nijabound 2]

I need help in applying for a visa to visit my husband while my immigration visa is pending.

I and my husband started this journey in March 2009. After our Traditional wedding, he(a USC) filed for a fiancee visa for me in April 2009. After two interviews at the Lagos embassy, i was denied a visa in february 2010 because 'under the nigerian law, i am legally married to my husband and not eligible for a fiancee visa'. The interviewer advised that we should get married in court and file for a spouse visa. Our baby was born Dec 25,2009. My husband came to nigeria in march 2010, we got married in court, took our baby to the embassy and she was given her US passport. My husband filed for me again as a spouse in April this year, and we just got our NOA 2 this month.Now that this journey is taking so long, i and my baby want to spend Christmas with her daddy(it's her 1st birthday). How do i go about applying for a visit visa? what are my chances? I am gainfully employed and will not spend more that 1month on vacation. Please i need your suggestions.

Anthokad,

From the onset, Your case would have been approved by the US Consulate and you would have been with your Husband now when he filed for your fiancee Visa in April 2009. The excuse US Consulate gave to you for the denial of your fiancee Visa in february 2010 is not an enough reasons to deny your case, when it is properly reviewed. If the USCIS that approved the initial fiancee Visa is aware that both of you are not legally married and approved the Petition, The Consulate has no right to deny the Visa since the USCIS is aware that it was a traditional Marriage which is not recognise under the US Immigration law as legal marriage liences in the US.

Tradtional marriage under nigeria cultural law is not requirement of marriage liences for USCIS Immigration purposes , It is for the reasons that you would engaged the service of an immigration Attorney who would give them a fight rather than doing it yourself at the first time it was denied.

Now you are married legally in the Court, and Marriage lience has been issued to you, you are no longer qualify for K1 Fiancee Visa apart from K3 Immigrant Visa which your Husband has filed for you .

For your information, US Consulate cannot issue you a Visa on a Visit Visa since they are aware on your record that you have appeared at the Consulate on K1 Fiancee Visa(Immigrant Visa) in 2009 and it was denied and your Husband is in the US. Applying for a Visit Visa will affect your case at the US Consulate in the future even if the K3 Visa is being approved and send to them because they may think that you are trying to defraud them and you wont return back to Nigeria after a short Visit.

Visiting Visa is for those under under the law who has an aim of returning back to their home country after a brief Visit to the US. And since you have filed for K1 previously and denied and it is on record with them and your Baby has been issued a US Passport and it is on record , It is for this reason that they cannot give you a Visiting Visa even if you have more than a convicing evidence to prove to them that you will return back to Nigeria .

I will advise you to wait for the approval of your K3 and get prepared to come to the US with your Baby to be with your Husband permanently once it is being approved. There is nothing you can do apart from this, If you abstain from it, you will lose your Visa fee , time wasted and your name will appear in the list of people trying to defraud them by obtaining a Visiting Visa by trick to travel to the US to see your Husband. So please dont make such mistake, patience is the answer, so wait until your K3 is approved , You have more than 100% of getting your Visa at that time on K3 than rushing to apply for a Visiting Visa to spoil the whole thing. I am in the US.

Congratulation on your Baby's US Passport. He or she is now a US Citizens. He or she is ahead of you and it is for this reason that they will give you your K3 Visa so fast without any hitches. I wish you all the best.

Remain Blessed,

HN

[damilola 0]

I need help in applying for a visa to visit my husband while my immigration visa is pending.

I and my husband started this journey in March 2009. After our Traditional wedding, he(a USC) filed for a fiancee visa for me in April 2009. After two interviews at the Lagos embassy, i was denied a visa in february 2010 because 'under the nigerian law, i am legally married to my husband and not eligible for a fiancee visa'. The interviewer advised that we should get married in court and file for a spouse visa. Our baby was born Dec 25,2009. My husband came to nigeria in march 2010, we got married in court, took our baby to the embassy and she was given her US passport. My husband filed for me again as a spouse in April this year, and we just got our NOA 2 this month.Now that this journey is taking so long, i and my baby want to spend Christmas with her daddy(it's her 1st birthday). How do i go about applying for a visit visa? what are my chances? I am gainfully employed and will not spend more that 1month on vacation. Please i need your suggestions.

i will advice you to wait for the filling because there is no way you can get the visitors visa.you will be denied base upon not having family tie in Nigeria and irrespective of where ever you work or your income that will not push anything to getting it,they know you have gotten the passport for your baby and you dont have anything else in Nigeria that can make you return and also because you can change your status once you are in.if you have visa fee you want to waste,you may try but sincerely you will not get it.that"s what they are.

[LotofPatience 65]

Yes I agree that the chances of getting a visitor visa are very slim. Is it possible for your husband to come and see you and the baby?

I agree with all the posters here. You may try visit visa, but chance to get it is very less. However, denial of visit visa is not a show stopper of IR1/CR1.

Ask your hubby to visit you and baby in your country if possible.

My wife wanted to visit me in this July and her visit visa got rejected as "Potential Immigrant" - 214(b).

Loto

[anthokad 3]

Thank you everyone for your candid response. I will just wait out my spouse visa and have my husband come home for Christmas.