Need guidance on reopening file on denied fiancée visa

[Penguin_ie 5,994]

It will absolutely bring this issue up again, especially as she is again petitioning someone from the same country. I would think the fact no charges were filed against her is a good sign, but between this huge red flag and you dealing with possibly the most difficult consulate in the world to get a visa from, I'd get a good lawyer.

[RedHat19 0]

@Life'sJourney. Thanks for your response..Here are the answers to the questions you've asked:

Answer #1: No charges were filed.

Answer #2: US divorce initiated by her.

Answer #3: Yes.

Answer #4: Not sure why..you think it wasn't necessary?

Observation #1: wow. Thanks.we would have to look into that now.

..and we didn't know it was fake. I guess we'd have complicated things even further if we had gone on to get married.

Thanks

[Boiler 45,672]

It will absolutely bring this issue up again, especially as she is again petitioning someone from the same country. I would think the fact no charges were filed against her is a good sign, but between this huge red flag and you dealing with possibly the most difficult consulate in the world to get a visa from, I'd get a good lawyer.

I was going to say the same thing.

[LIFE'SJOURNEY 970]

@Life'sJourney. Thanks for your response..Here are the answers to the questions you've asked:

Answer #1: No charges were filed.

Answer #2: US divorce initiated by her.

Answer #3: Yes.

Answer #4: Not sure why..you think it wasn't necessary?

Observation #1: wow. Thanks.we would have to look into that now.

..and we didn't know it was fake. I guess we'd have complicated things even further if we had gone on to get married.

Thanks

Every question I just asked of you, the Nigeria Consular is going to ask of you 101 different ways, when you'll go back for round 2.

I WASN'T SAYING THE DIVORCE WASN'T NECESSARY, JUST HOW DID SHE COME TO HAVE FAX DIVORCE PAPERS. DID SHE DO HER HOMEWORK CORRECTLY, when she was trying to obtain her divorce.

Is the ex a US citizen, or was he from Nigeria?

You'll application will start out with FRAUD spelled all across it, until you'll can convince USCIS and the embassy that everything was an honest mistake. That mistake the first time is going to put you'll under tough scrutiny.

[ScottThuy 140]

Her ex was based in Nigeria, but had she petitioned for him to come to the US? If so what were the results? I have to agree with everyone who has noted legal consul is advisable in this case and one familiar with Nigeria would be a great help... its not impossible at this point but there are some serious red flags waving already... best of luck...

[RedHat19 0]

@Penguin_ie: Thanks! I think the lawyer route is quite obvious now. You said the fact that no charges were filed is a good sign.. Please permit me to ask: a good sign that what exactly?

Could the fact that they didn't file charges mean that say her email explaining the circumstances under which the papers were obtained was taken into account?

[RedHat19 0]

@ScottThuy: Her ex is based in Nigeria and she had petitioned for him years back, but didn't follow up on it for some years, if I remember well (as commmunication had ceased between both parties for some years). A month or two after my visa was denied, she received a notice from USCIS that the file for his petition was being closed due to inactivity, so we figured that the file was still open at the time I applied and the embassy probably saw this too (and this probably led to them opting to do a check checks on our application).

Her ex never travelled to the states.

[RedHat19 0]

@life'sJourney: I don't have all the details as I wasn't very involved in the divorce process, but I guess its now obvious she didn't do her homework well as regards the divorce.

Her ex is Nigerian and based in Nigeria.

Thanks a lot @Life'sJourney.

[RedHat19 0]

@NigeriaorBust: Thanks again for your response. The divorce papers which turned out to be fake were from her and not from her ex, and we'll have to search through her mailbox to see if there was an automated response when the mail was sent (I dbout it though).

[Boiler 45,672]

So bearing in mind the info you have received, what do you intend to do?

[pushbrk 12,979]

@Life'sjourney @boiler yes she's a US citizen and she filed the papers which turned out to be fake. What are the implications if a US citizen was the one with the fake papers?

Its been two years now though & the file's been closed.

Will filing a new fiancée visa petition certainly bring this issue up again?

Whomever knowingly submitted fake papers has committed fraud. If your US Citizen fiancee knowingly submitted fake divorce papers, she is unlikely to get a new petition approved. If she was duped by divorce papers given to her by a former spouse in Nigeria, then that problem is mitigated. Once she has a legitimate divorce, she can start over again but you'll still need to show the relationship is genuine. The best evidence of that is the time you've spent together in person. If it's been a while, you two should plan another visit or two prior to a new visa interview. If it has been more than two years since you've been together, you'll need one of those visits to occur prior to filing a new petition.

[RedHat19 0]

@Boiler: Thanks for your question. We plan to engage a lawyer as we have been advised and restart the filing process and hope for the best.

@pushbrk: Thanks for your response. The genuine nature of our relationship is clearly evident in the proof we have and I believe the person who interviewed me must have seen that clearly, and probably noted it. We don’t have a problem there.

We might have been able to find old mails in her mailbox showing that she was duped back then when she got the divorce. We’d have to show the lawyer to know if it proves it though.