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K1 after denied K3 case?

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Filed: AOS (apr) Country: Nigeria
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I posted this before awhile back but can not find the post to see the responses, so I want to apologize for a repost. Here is the situation: My friend married in Nigeria at the Lagos registry. They then filed the K3. When it came time for the interview at the US Embassy, her husband was told that his divorce to a previous spouse was not valid because it was obtained at the same level of court that the marriage was done. The embassy advised him who ever issued the divorce had no jurisdiction to do a divorce and he needed to get it corrected. The case was sent back to the US and they were advised they would have to appeal. The case was appealed and they were given a certain amount of time to produce the correct divorce letter. The attorney her husband used got the date of the divorce wrong on his divorce letter. He had a hard time getting in touch with the attorney after they realized it to get it fixed and so during this time the time for appeal had expired. My friend received a letter from USCIS that the case was closed/denied due to he was not free to marry her at the time he did/ so the marriage was invalid.

After their history listed above about their original case, my question is: Starting over, what if they decide to do the K1 (instead of starting over with a CR1, which may be the best idea) and when it comes time to do the interview at the US embassy would there be a chance they would be told that they are considered married in Nigeria and have to go back and file the CR1.

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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Filed: K-1 Visa Country: Wales
Timeline

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ireland
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Have they fixed the issue with the previous divorce yet? If so, what date is the Nigerian spouse officially divorced now?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: AOS (apr) Country: Nigeria
Timeline

Have they fixed the issue with the previous divorce yet? If so, what date is the Nigerian spouse officially divorced now?

Yes, from my understanding it has been fixed.

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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Filed: Citizen (apr) Country: Ireland
Timeline

So is the official date of divorce before or after the second wedding?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Nigeria
Timeline

If Nigeria has declared your marriage void and you have corrected the "free to marry" issue and you haven't remarried. You should be able to file a K1. I am sure Lagos will try to deny it but that is just Lagos. Make sureyou have whatever proof you can that they said you aren';t married so the K1 won't get denied. The other route would be just give up, go there get married and then do the Cr1

This will not be over quickly. You will not enjoy this.

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Filed: AOS (apr) Country: Nigeria
Timeline

If Nigeria has declared your marriage void and you have corrected the "free to marry" issue and you haven't remarried. You should be able to file a K1. I am sure Lagos will try to deny it but that is just Lagos. Make sureyou have whatever proof you can that they said you aren';t married so the K1 won't get denied. The other route would be just give up, go there get married and then do the Cr1

Thank you, just want to clarify when you say "Nigeria" has declared their marriage void, are you referring to the US Embassy there? Your response was what I advised her but wanted to another opinion.

K1 Journey:

Filed: 2009-01-12... USCIS Approved: 2009-06-05... 1st Interview/Admin Review: 2009-09-09...2nd Interview/Approved: 2010-01-27

AOS Journey:

Filed: 2010-05-20... Interview: 2010-11-30... Approved: 2010-12-03... Card Rcvd: 2010-12-18...

Whew! Done!.... Well, for the next two years anyway...

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Filed: Citizen (apr) Country: Nigeria
Timeline

Thank you, just want to clarify when you say "Nigeria" has declared their marriage void, are you referring to the US Embassy there? Your response was what I advised her but wanted to another opinion.

Yes I mean Lagos. They tend to be a bit crazy there so I would expect them to try and do a 180 and say the married means they can't file a K1 so be armed with their prior decision to keep them on track.

This will not be over quickly. You will not enjoy this.

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Filed: Country: Nigeria
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My candid advise would be to go to a registry in Nigeria and remarry. You never know what evil CO is going to interview them and then open up old wounds to deny them. As long as the previous issue has been resolved, there should not be an issue with filing a K-1. The CO may make a big deal out of first declaring marriage and then later filing as fiance(e). Even though they declared it void. Though, the K-1 might be possible, but Lagos is crazy enough to give them a twist, especially if a traditional engagement was done. Better safe than sorry! I wish them luck.

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