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

[JimVaPhuong 4,863]

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

At this point, all you can do is wait. The petition will eventually get back to USCIS. What they do with it will depend on the service center. The California Service Center usually just allows returned petitions to expire if the visa was denied for a discretionary reason. In that case, your fiancee can file another petition. The Vermont Service Center usually readjudicates returned petitions. That can take weeks or months to complete. If they disagree with the consulate then they'll reaffirm the approval and the petition will go back to the consulate for another interview. If they agree with the consulate then they'll send a Notice Of Intent to Revoke (NOIR) to your fiancee. She'll have to respond to that notice with evidence in order to prevent USCIS from revoking the approval of the petition.

Now, let's look at some of the other things you wrote:

The CO told me that my fiancee was still legally married when we met so he gave me a blue slip explaining that...

This has already been mentioned, but Lagos is considered to be a "high fraud" consulate. It's certainly not the only one. My wife went through the consulate in Ho Chi Minh City, Vietnam, and that's also considered a "high fraud" consulate. Whether you like it or not, your relationship is going to be weighed against the many fraudulent relationships the consulate sees every day. In many countries it is considered culturally inappropriate for someone to begin a relationship while they're still married, even if their marriage is on the rocks. This is a "red flag" at the consulate in Lagos. It would also be a "red flag" at the consulate in HCMC, Casablanca, Guangzhou, and most of the consulates in the Middle East and North Africa.

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.

They're not questioning the validity of her divorce. They're questioning whether your relationship is "real". She didn't file for the divorce until after she met you, which makes them suspect you may have manipulated her into divorcing her husband so you could immigrate to the US, or worse... that she may be a cooperative participant in an immigration scam, and may have divorced temporarily so she would be eligible to petition for you. Their concerns are based on many other cases in your country where this has happened.

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.

A 22 year old doctor would be extremely rare in the US, so I'm presuming she's an immigrant who has lived in the US for 22 years. Is this correct? Now it's time for the personal questions. How old is she? How old are you? Did she immigrate to the US based on a marriage to a US citizen? There would be additional red flags if there is a substantial age difference between you, or if she immigrated by marriage.

As AZ mentioned, there's very little a congressional representative or senator could do right now. Your petition is in limbo awaiting return to USCIS. Once USCIS receives your petition then a congressman could request the status of the case, but not much more. They can't order either Department of State or USCIS to expedite a decision, nor can they order either Department of State or USCIS to change a decision. In fact, a consular officer's decision isn't subject to review by anyone - not even a court judge or the President of the United States. This is done intentionally so that a consular officer cannot be pressured for political reasons.

Since your fiancee is a doctor she probably doesn't have a lot of time to do research about immigration. She might want to hire a good immigration attorney to help her.

[Kengux 3]

Oh i'm truly sorry for your case. Hope is not lost and pls get your senators involved before the petition is sent back. It'll help. Hang in there and i'll keep you in our prayers..

[Boiler 45,525]

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!

Seconded.

[patient2010 93]

I pray things workout with you guys just wait until they send it back you never know it could be reaffirmed and sent back to Lagos for another interview that has happend before

[odus blessing 3]

I pray things workout with you guys just wait until they send it back you never know it could be reaffirmed and sent back to Lagos for another interview that has happend before

thank you patient2010.

[Kengux 3]

I need to quickly ask you two questions,

1. What's ur background culture? Is she a white woman and you're black? Or are you both blacks? (advantageous)

2. What's your age difference? Pls answer this questions sincerely so that we may be of help to answer your questions technically...

Having said that, how many times has she visited you and were you engaged in your first meeting in person? (red flag)

If those questions have the right answer, then i think the CO denied you based on ur inability to answer a question regarding when your fiance's marriage got terminated prior to filing the petition. Pls let's hear this honestly..

[Zen Den 18]

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

hi. that was teh courier service required by USEM at that time, which no longer is the case (good for new applicants) =)

[odus blessing 3]

At this point, all you can do is wait. The petition will eventually get back to USCIS. What they do with it will depend on the service center. The California Service Center usually just allows returned petitions to expire if the visa was denied for a discretionary reason. In that case, your fiancee can file another petition. The Vermont Service Center usually readjudicates returned petitions. That can take weeks or months to complete. If they disagree with the consulate then they'll reaffirm the approval and the petition will go back to the consulate for another interview. If they agree with the consulate then they'll send a Notice Of Intent to Revoke (NOIR) to your fiancee. She'll have to respond to that notice with evidence in order to prevent USCIS from revoking the approval of the petition.

Now, let's look at some of the other things you wrote:

This has already been mentioned, but Lagos is considered to be a "high fraud" consulate. It's certainly not the only one. My wife went through the consulate in Ho Chi Minh City, Vietnam, and that's also considered a "high fraud" consulate. Whether you like it or not, your relationship is going to be weighed against the many fraudulent relationships the consulate sees every day. In many countries it is considered culturally inappropriate for someone to begin a relationship while they're still married, even if their marriage is on the rocks. This is a "red flag" at the consulate in Lagos. It would also be a "red flag" at the consulate in HCMC, Casablanca, Guangzhou, and most of the consulates in the Middle East and North Africa.

They're not questioning the validity of her divorce. They're questioning whether your relationship is "real". She didn't file for the divorce until after she met you, which makes them suspect you may have manipulated her into divorcing her husband so you could immigrate to the US, or worse... that she may be a cooperative participant in an immigration scam, and may have divorced temporarily so she would be eligible to petition for you. Their concerns are based on many other cases in your country where this has happened.

A 22 year old doctor would be extremely rare in the US, so I'm presuming she's an immigrant who has lived in the US for 22 years. Is this correct? Now it's time for the personal questions. How old is she? How old are you? Did she immigrate to the US based on a marriage to a US citizen? There would be additional red flags if there is a substantial age difference between you, or if she immigrated by marriage.

As AZ mentioned, there's very little a congressional representative or senator could do right now. Your petition is in limbo awaiting return to USCIS. Once USCIS receives your petition then a congressman could request the status of the case, but not much more. They can't order either Department of State or USCIS to expedite a decision, nor can they order either Department of State or USCIS to change a decision. In fact, a consular officer's decision isn't subject to review by anyone - not even a court judge or the President of the United States. This is done intentionally so that a consular officer cannot be pressured for political reasons.

Since your fiancee is a doctor she probably doesn't have a lot of time to do research about immigration. She might want to hire a good immigration attorney to help her.

Thank you JimVaPhuong, we both 29years old. she migrated when she was about 8years old. become citizen through her parent.

Thank you JimVaPhuong. 29year

[odus blessing 3]

I need to quickly ask you two questions,

1. What's ur background culture? Is she a white woman and you're black? Or are you both blacks? (advantageous)

2. What's your age difference? Pls answer this questions sincerely so that we may be of help to answer your questions technically...

Having said that, how many times has she visited you and were you engaged in your first meeting in person? (red flag)

If those questions have the right answer, then i think the CO denied you based on ur inability to answer a question regarding when your fiance's marriage got terminated prior to filing the petition. Pls let's hear this honestly..

we are both have the same culture, speak the same language. we got engaged on her second trip. the reason the divorce delay was that her ex husband decieved her that he was going to sign the divorce paper and never did in 2007, so in 2009 when he meet someone else, he finally sign it. so that is why it delay. the divorce would have been final by mid 2008. its all in Gods hand.

Edited November 18, 2011 by obright

[san diego 407]

I do not think this is such a huge red flag. I got engaged while I was till legally married. In fact, I legally finalized my divorce only 3 months after getting engaged and filed I129F 1 week after getting divorced. Not a problem. Is there something else?

[odus blessing 3]

I do not think this is such a huge red flag. I got engaged while I was till legally married. In fact, I legally finalized my divorce only 3 months after getting engaged and filed I129F 1 week after getting divorced. Not a problem. Is there something else?

no that is the only thing the co find wrong. the co denied about 8 people that was before me.

[HannahP 119]

I do not think this is such a huge red flag. I got engaged while I was till legally married. In fact, I legally finalized my divorce only 3 months after getting engaged and filed I129F 1 week after getting divorced. Not a problem. Is there something else?

The problem is that the OP is going through what is arguably the toughest consult in the world to get an approval from. You're comparing apples to oranges.

[Kehinde 45]

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

My husband got that exact same letter when he went for his interview back in May. I just contacted them only for them to tell me that they are still reviewing it and that I should receive a NOA in the mail within 45 days, so you are looking at an 8-9 month set back. They will probably wait 45 days for it gets back to the U.S. and then the review takes about 5 months and then they give you 30 days to get info. proving that you are in a bonafide marriage. I am at the stage where I am waiting to get the NOA. It is heart wrenching I Know.

[favored 31]

we are both have the same culture, speak the same language. we got engaged on her second trip. the reason the divorce delay was that her ex husband decieved her that he was going to sign the divorce paper and never did in 2007, so in 2009 when he meet someone else, he finally sign it. so that is why it delay. the divorce would have been final by mid 2008. its all in Gods hand.

Just curious, why would getting engaged the first meeting be so much of a red flag? Is there a set number of meetings before engagement?

No one here is disputing your engagement. But, I think the red flag is when you both got engaged. It was right off or middle of a divorce. And you might have ran into a CO who with a bias thought to himself if you tampered a marriage. Red flags such as this should really be prepared for with explanation.

My suggestion, although maybe silly or a stretch is for you to get an affidavit from the ex-husband who can say that he possibly delayed signing the divorce papers and he never suspected his wife getting involved with any man and that the marriage ended due to other issues.

So when you request a second interview before it returns to USCIS, you can let them know you have a sign affidavit from the ex-husband... it's a stretch and could be impossible because we guys have egos... otherwise i hope you are getting something promising from congressman/senators.

[Kehinde 45]

My husband got that exact same letter when he went for his interview back in May. I just contacted them only for them to tell me that they are still reviewing it and that I should receive a NOA in the mail within 45 days, so you are looking at an 8-9 month set back. They will probably wait 45 days for it gets back to the U.S. and then the review takes about 5 months and then they give you 30 days to get info. proving that you are in a bonafide marriage. I am at the stage where I am waiting to get the NOA. It is heart wrenching I Know.

and we were already married cos we filed I130 petition