K1 visa denial. relationship for immigration purpose. badly depressed,

[odus blessing 3]

On November 15, 2011, I had an interview at the us embassy in lagos and i answered all the question the CO asked me correctly. After answering all the question with confident, the CO paused for a while. The CO told me that my fiancee was still legally married when we met so he gave me a blue slip explaining that "Dear Visa Applicant, We are returning your visa petition to the Department of Homeland Security office where it was approved with our recommendation that the petition be reviewed for possible revocation. Any futher inquires should be directed to that office. The reasons are as follows:

Evidence submitted indicated that this relationship was entered into for purposes of immigration.

my fiancee was married before and the ex-husband use to abuse her. She seperated from him since the year 2007. the divorce filled in 2009 and finalized in August 2010. We met in late late 2008, proposed in 2009 and filled k1 visa 6 month after divorce finalized. we are so disheartening, depressed, and helpless. We went to be living together already, married and start having kids. how can someone has our lives in their hand. since then, i have not been very happy, i dont know where to go or where to start. we both cried. GOD help us. we love each other so much and this distants is effecting us. the co did not found any fault but that. according to the law,it is perfectly legal to get engaged before your divorce is final. we both were free to marry when we fill the petition.

anyone with similar experience.....

[Oksana & Max 94]

On November 15, 2011, I had an interview at the us embassy in lagos and i answered all the question the CO asked me correctly. After answering all the question with confident, the CO paused for a while. The CO told me that my fiancee was still legally married when we met so he gave me a blue slip explaining that "Dear Visa Applicant, We are returning your visa petition to the Department of Homeland Security office where it was approved with our recommendation that the petition be reviewed for possible revocation. Any futher inquires should be directed to that office. The reasons are as follows:

Evidence submitted indicated that this relationship was entered into for purposes of immigration.

my fiancee was married before and the ex-husband use to abuse her. She seperated from him since the year 2007. the divorce filled in 2009 and finalized in August 2010. We met in late late 2008, proposed in 2009 and filled k1 visa 6 month after divorce finalized. we are so disheartening, depressed, and helpless. We went to be living together already, married and start having kids. how can someone has our lives in their hand. since then, i have not been very happy, i dont know where to go or where to start. we both cried. GOD help us. we love each other so much and this distants is effecting us. the co did not found any fault but that. according to the law,it is perfectly legal to get engaged before your divorce is final. we both were free to marry when we fill the petition.

anyone with similar experience.....

While you can legally engage before the divorce is final, you are dealing with different situation here, it would be a red flag especially for your country. This is one of the hardest consulates to get thru. And being engaged while he still was legally married would be a huge red flag for them.

Unfortunately I am not sure what to suggest. You can try to withdraw the K-1 petition, get married and file for CR-1 visa, though again you will need to convince CO that this is a real marriage and not for the immigration purposes.

Good luck

[odus blessing 3]

While you can legally engage before the divorce is final, you are dealing with different situation here, it would be a red flag especially for your country. This is one of the hardest consulates to get thru. And being engaged while he still was legally married would be a huge red flag for them.

Unfortunately I am not sure what to suggest. You can try to withdraw the K-1 petition, get married and file for CR-1 visa, though again you will need to convince CO that this is a real marriage and not for the immigration purposes.

Good luck

Thanks for your advice.. it states on the divorce that they have been separated for more than one year, which was in 2007. so why dont the co read that. Anyway, she will be meeting with the congressman.

[Oksana & Max 94]

Thanks for your advice.. it states on the divorce that they have been separated for more than one year, which was in 2007. so why dont the co read that. Anyway, she will be meeting with the congressman.

I agree with what you saying and I am on your side. But CO don't care, they look at the facts especially from the high fraud countries. It is your responsibility to proof that your relationship is geniune, and they will look at any possible piece of information to deny you.

[Zen Den 18]

On November 15, 2011, I had an interview at the us embassy in lagos and i answered all the question the CO asked me correctly. After answering all the question with confident, the CO paused for a while. The CO told me that my fiancee was still legally married when we met so he gave me a blue slip explaining that "Dear Visa Applicant, We are returning your visa petition to the Department of Homeland Security office where it was approved with our recommendation that the petition be reviewed for possible revocation. Any futher inquires should be directed to that office. The reasons are as follows:

Evidence submitted indicated that this relationship was entered into for purposes of immigration.

my fiancee was married before and the ex-husband use to abuse her. She seperated from him since the year 2007. the divorce filled in 2009 and finalized in August 2010. We met in late late 2008, proposed in 2009 and filled k1 visa 6 month after divorce finalized. we are so disheartening, depressed, and helpless. We went to be living together already, married and start having kids. how can someone has our lives in their hand. since then, i have not been very happy, i dont know where to go or where to start. we both cried. GOD help us. we love each other so much and this distants is effecting us. the co did not found any fault but that. according to the law,it is perfectly legal to get engaged before your divorce is final. we both were free to marry when we fill the petition.

anyone with similar experience.....

so sad to hear your situation. looks like the response to your application was based on a technicality (did the CO find out when you met though your response?). anyway, it's not yet final. you may still have a fight (it will still be reviewed)she could (has to) prove that the failure of the marriage was the husband's fault (she said she was abused,did she apply as VAWA?) and divorce was filed 2009 (by whom?) because of legally acceptable reasons (was she afraid of husband/threatened?).

[Zen Den 18]

if the petition does get revoked in the end, then it's not the end of the world. if you really love each other, you will find ways to be together. your fiancee can live with you in nigeria and you can get married and have a family =)

[odus blessing 3]

if the petition does get revoked in the end, then it's not the end of the world. if you really love each other, you will find ways to be together. your fiancee can live with you in nigeria and you can get married and have a family =)

she was the one that filled the divorce. thanks for your suggestion. she is a medical doctor in the united state. And all her family is there, addition she has been living there for 22years.

[TimeTravel 78]

We went to be living together already, married and start having kids. how can someone has our lives in their hand. since then, i have not been very happy, i dont know where to go or where to start. we both cried. GOD help us. we love each other so much and this distants is effecting us.

Are you both now married? How long you both have been living together? I think, you may need to make your case stronger.

[odus blessing 3]

Are you both now married? How long you both have been living together? I think, you may need to make your case stronger.

No, we are not married. we are not living together. we are in diffenent state.

[odus blessing 3]

Anyone that have the same problem. please let me know what i can do..... i m so hurt.

[NigeriaorBust 4,087]

Hi Our first interview we were denied. You can try to have her get in touch with her congress person or senator and have them try to get the petition held and a new interview. With a K1 there is a strong chance that you will not get reapproved but that the petition will be declared expired. When was the last time she visited you ?

[DEVANandTINTIN 0]

if the petition does get revoked in the end, then it's not the end of the world. if you really love each other, you will find ways to be together. your fiancee can live with you in nigeria and you can get married and have a family =)

On your timeline, what is " Waiting for DELBROS/NSO"?

[qwerty1974 11]

This is an awful thing to read, but other posters are right....it's not over yet if you are prepared to be patient and fight for it. Likely you have already waited a long time so it is disheartening, but in fact in light OF this, if for no other reason, you should keep the faith and certainly have her speak to her congressperson. I too have read that Nigeria is a hotbed for immigration fraud so this is unfortunate for you. If you can't be together in the States though you Could be together in Ngeria. I know you say she has a good job there and family, but we all have thse things but when it comes to love we are all giving them up, or at least putting them on hold. The main thing is being together. maybe you could marry, live in Nigeria where she could surely find plenty of work given her vocation and file for CR1 a year or two down the line? Best of luck and don't give up hope yet!

Edited November 18, 2011 by qwerty1974

[az110965 252]

i thank everyone for their comment. but if you dont have anything positive to say, please keep the comment to yourself. right now i only need suggestion not about nigerian being fraud. there are fraud all over the world. . . . . . God is in control. our lawyer and the congressman will help us thru this. by the way we are not givening up. it will only take time, no matter what, my and my love will be togather in the state. she is an american citizen.

Here's the problem... The Consulate has determined that your relationship is not real and its only for the purpose of you to immigrate to the USA. The Consulate is not asking you to submit more evidence of a bonafied relationship, at least as far as the Consulate is concerned - there is nothing left to discuss.

While getting a congressman involved may help when you are having problems at the USCIS level, they are pretty much powerless when it comes to the DOS stage (and that is who the Consulate works for - the US Department of State).

While it is sad, here are the facts: Your papers will be sent back to USCIS for "review". Before a human hand ever touches the file at USCIS, it will expire and you will have no choice other than to re-file and begin the process again from the beginning or decide to marry and try your luck by going the CR-1 route.

***If you simply refile again or just get married you will be amlost surely denied again. You will need to overcome the Consulate's determination that your relationship is not real, and that includes many more trips from your fiance to spend time with you...

I wish you luck.

Edited November 18, 2011 by Kathryn41
edited to remove TOS violation in quote

[Kathryn41 3,205]

One unnecessary comment and an inappropriate response have been removed and one post edited to remove the quoted inappropriate response

I would like to remind everyone that on Visa Journey you will get many responses and not all of them will be what you enjoy reading. Some countries have higher incidents of fraudulent applications and unfortunately, many legitimate relationships from those countries run into road blocks because they have a higher standard to meet to show that they are not one of these fraudulent applications. While it may not be something one wishes to hear, it is important to be aware that this does play a major factor in any Consulate decision about an immigration application. It is also not appropriate to respond to any other VJ member, regardless of what they have written, by insulting or attacking them. Use the report button to report an inappropriate comment to the moderation team and then ignore the post in the thread.