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denied after almost 1yr in AP!

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Filed: K-1 Visa Country: Nigeria
Timeline

so my fiance went for the second interview as scheduled. They let us wait for almost 1yr and allowed him be the last person there in the embassy before he was called and told the embassy could not verify our divorce certificate.

So he was denied based on the grounds that our divorce never happend and we can go ahead to file CR1.

The interviewer kept telling him, sir you are both still married she should have filed a CR1.

He was not even asked any questions. The interviwer said sir, you and the petitioner are still married based on the fact that this document cannot be verified with the court.

Just to give a hint on our background:

we were married years ago then we got divorced, and I remarried then divorce, so I have been divorced X2, and married X2 but he has only been divorced X1, married X1 to me.

We however have offsprings between us hence our coming back together.

The divorce certificate the embassy is saying they cannot verify is what I have been using ever since. So right now we are going back to the court house where the certifcate was issued to find out if we were given the right documents or not.

While we are waiting for them to send the file back to USCIS we will get married this weekend and file a CR1.

then wait for them to send us an intent to revoke.

Although I am pissed right now, I have asked my fiance to go find the lawyer who filed the divorce papers and he is telling me the office no longer exists.

Crying is not going to solve this by I cannot even bring myself to think that this is really happening and people can treat their fellow human beings this way.

Any suggestions on the way forward would be appreciated.

I-129F - Jan 2010

NOA 1- Feb 2010

touched- Feb 2010

touched- Feb 2010

NOA 1 hardcopy- Feb 2010

NOA 2- April 2010

NOA 2 Hardcopy received- April 2010

NVC received- April 2010

NVC Called- April 2010 new casenumber

NVC sent to Lagos???

Packet 3 and 4 -2010

Medical-2010

1st Interview-October 2010-221g

2nd Interview- Sept 2011-denied

CR1????

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

My heart aches for you. I am so sorry you are going through this. I have no advice to give you. I just want to say how sorry I am for your long AP and for your denial.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

so my fiance went for the second interview as scheduled. They let us wait for almost 1yr and allowed him be the last person there in the embassy before he was called and told the embassy could not verify our divorce certificate.

So he was denied based on the grounds that our divorce never happend and we can go ahead to file CR1.

The interviewer kept telling him, sir you are both still married she should have filed a CR1.

He was not even asked any questions. The interviwer said sir, you and the petitioner are still married based on the fact that this document cannot be verified with the court.

Just to give a hint on our background:

we were married years ago then we got divorced, and I remarried then divorce, so I have been divorced X2, and married X2 but he has only been divorced X1, married X1 to me.

We however have offsprings between us hence our coming back together.

The divorce certificate the embassy is saying they cannot verify is what I have been using ever since. So right now we are going back to the court house where the certifcate was issued to find out if we were given the right documents or not.

While we are waiting for them to send the file back to USCIS we will get married this weekend and file a CR1.

then wait for them to send us an intent to revoke.

Although I am pissed right now, I have asked my fiance to go find the lawyer who filed the divorce papers and he is telling me the office no longer exists.

Crying is not going to solve this by I cannot even bring myself to think that this is really happening and people can treat their fellow human beings this way.

Any suggestions on the way forward would be appreciated.

So sorry to hear of your outcome. Without knowing the whole story, I gather you were married to your now fiance, then divorced him and you now live here in the USA with your children and he lives in Nigeria? Am I right so far? You divorced here or in Nigeria? if here you should be able to obtain a copy of your divorce decree from the court. If you were divorced there? then he needs to get one from the court there, even if he is not able to find the attorney who assisted you with your divorce. Is there anyway, your fiance can track down the attorney, who prepared your decree?

This is Nigeria and US Embassy! My heart aches for you dear, but a little mistake is all it takes for the CO to deny. Yours seems complicated. I pray in time you can resolve your matter. Now be careful, I would consult with an attorney, before going and getting married, call Marc Ellis and talk to him before you take another step. You need legal advice before proceeding.

Good luck and God be with you.

Edited by LoveNigarmostyle
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Filed: AOS (apr) Country: Cyprus
Timeline

I agree to consult with Marc Ellis who has been successful with returned petitions.He may be able to get him a second interview with the correct certificate if that is all they want and before the case gets send back. I don't understand why they didn't give you time to submit what they want and then a second interview. That's Lagos for you.

It sounds like the divorce was filed in Nigeria, otherwise the USCIS would have RFE'd you for an authentic divorce certificate before approval. God bless.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Nigeria
Timeline

So sorry to hear of your outcome. Without knowing the whole story, I gather you were married to your now fiance, then divorced him and you now live here in the USA with your children and he lives in Nigeria? Am I right so far? You divorced here or in Nigeria? if here you should be able to obtain a copy of your divorce decree from the court. If you were divorced there? then he needs to get one from the court there, even if he is not able to find the attorney who assisted you with your divorce. Is there anyway, your fiance can track down the attorney, who prepared your decree?

This is Nigeria and US Embassy! My heart aches for you dear, but a little mistake is all it takes for the CO to deny. Yours seems complicated. I pray in time you can resolve your matter. Now be careful, I would consult with an attorney, before going and getting married, call Marc Ellis and talk to him before you take another step. You need legal advice before proceeding.

Good luck and God be with you.

yes your deductions are correct.

The divorce cert in question now is the one from Nigeria. I was not even aware he was filling for a divorce in Nigeria. I received the documents by mail and signed them.

My fear now is that even if we go to the court and get another copy how do I explain where we got the one I have been using for years. Is it possible for a lawyer not to know appropriate document to issue? This is almost 10yrs ago now.

I-129F - Jan 2010

NOA 1- Feb 2010

touched- Feb 2010

touched- Feb 2010

NOA 1 hardcopy- Feb 2010

NOA 2- April 2010

NOA 2 Hardcopy received- April 2010

NVC received- April 2010

NVC Called- April 2010 new casenumber

NVC sent to Lagos???

Packet 3 and 4 -2010

Medical-2010

1st Interview-October 2010-221g

2nd Interview- Sept 2011-denied

CR1????

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Filed: Citizen (apr) Country: Nigeria
Timeline

Good luck to u guys! Sorry about this......

November 5, 2010 Interview 7am APPROVED!!!!!! (6months 4weeks 1day) THANK YOU LORD!!!!!

(look at my about me page in my profile if you want to see my entire k1 journey)

AOS Journey:

Feb.4, 2011 Mailed AOS packet

Feb. 7, 2011 Pkt delivered in Chicago

Feb. 10, 2011 Received txt and email of NOA for AOS, EAD, and AP

Feb. 11, 2011 Check cashed for AOS

Feb. 12, 2011 Touched

Feb. 14, 2011 received hard copy of NOA for AOS, EAD& AP

Feb. 18, 2011 received appt letter for biometrics

Feb. 28, 2011 biometrics appt @10am

Feb. 28, 2011 received txt/email AOS case transferred to csc

Mar 1, 2011 AOS Touched

Mar 3, 2011 received hard copy of AOS transfer to csc

Mar 4, 2011 AOS Touched

Mar 28, 2011 Received txt/email saying card production has been ordered. (1month 3eeks 3days)

Mar 28, 2011 Received 2nd txt/email saying we have registered this customer permanent residence status

Mar 29, 2011 Received 3rd txt/email says card production has been ordered.

April 1, 2011 greencard and welcome letter in hand!!

April 5, 2011 received txt/email EAD card production ordered

Will Start Removing Conditions Dec 2012!!!!

Dec. 26, 2012 mailed ROC paperwork

Dec. 28, 2012 NOA for ROC paperwork

Jan. 7, 2013 received bio appt letter

Jan. 24, 2013 bio appt.

June 22, 2013 10yr green card received

68z00wwuiyl.png

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

yes your deductions are correct.

The divorce cert in question now is the one from Nigeria. I was not even aware he was filling for a divorce in Nigeria. I received the documents by mail and signed them.

My fear now is that even if we go to the court and get another copy how do I explain where we got the one I have been using for years. Is it possible for a lawyer not to know appropriate document to issue? This is almost 10yrs ago now.

This is why I feel you need to consult an attorney. Please call and schedule an appointment with a divorce attorney for consultation. Get his/her thoughts on your current situation first, then call Marc Ellis and ask for his opinion as to how to proceed. Take your time to solve this.

Call and contact your congressman/woman and as them to do an inquiry on your behalf and ask for another appointment if you can produce a valid divorce decree. Let me know if you have any further questions. Good luck.

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Filed: K-1 Visa Country: Nigeria
Timeline

This is why I feel you need to consult an attorney. Please call and schedule an appointment with a divorce attorney for consultation. Get his/her thoughts on your current situation first, then call Marc Ellis and ask for his opinion as to how to proceed. Take your time to solve this.

Call and contact your congressman/woman and as them to do an inquiry on your behalf and ask for another appointment if you can produce a valid divorce decree. Let me know if you have any further questions. Good luck.

I am at this point skeptical about lawyers after this experience. We are just going ahead to file a CR1 as soon as we obtain a new certificate from the court, and maybe perhaps do a traditional wedding and get rid of all these foreign stuff, but unfortuantly will have to go to the registry for the ceremony.

I-129F - Jan 2010

NOA 1- Feb 2010

touched- Feb 2010

touched- Feb 2010

NOA 1 hardcopy- Feb 2010

NOA 2- April 2010

NOA 2 Hardcopy received- April 2010

NVC received- April 2010

NVC Called- April 2010 new casenumber

NVC sent to Lagos???

Packet 3 and 4 -2010

Medical-2010

1st Interview-October 2010-221g

2nd Interview- Sept 2011-denied

CR1????

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

I am at this point skeptical about lawyers after this experience. We are just going ahead to file a CR1 as soon as we obtain a new certificate from the court, and maybe perhaps do a traditional wedding and get rid of all these foreign stuff, but unfortuantly will have to go to the registry for the ceremony.

It is your choice weather you do or don't seek the advice of an attorney. Yet, I still would suggest at least a consultation with one, you are dealing with Nigeria here. Either way, best of luck and I will keep you in my prayers. God be with you. :thumbs:

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Filed: K-1 Visa Country: Nigeria
Timeline

It is your choice weather you do or don't seek the advice of an attorney. Yet, I still would suggest at least a consultation with one, you are dealing with Nigeria here. Either way, best of luck and I will keep you in my prayers. God be with you. :thumbs:

Thanks for that.

I-129F - Jan 2010

NOA 1- Feb 2010

touched- Feb 2010

touched- Feb 2010

NOA 1 hardcopy- Feb 2010

NOA 2- April 2010

NOA 2 Hardcopy received- April 2010

NVC received- April 2010

NVC Called- April 2010 new casenumber

NVC sent to Lagos???

Packet 3 and 4 -2010

Medical-2010

1st Interview-October 2010-221g

2nd Interview- Sept 2011-denied

CR1????

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