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

[odus blessing 3]

thank you guys for all your supports. Right now she is waiting to speak to our lawyer next week. our lawyer is really good with the immigration. listen guys, we are fed up. trust me. all we know, we will never give up. once they see that you are presistant they will know that it is bona fide. its only patient, believe me. I just think that the co i end up with was just bias. there was another co approving people easily.

[maya62 7]

I am suprised there are not more people advising the OP to contact his USC fiancee and urge her to contact her Senator/US Rep immediately (they all have immigration liaisons) and ask them to contact the DOS and request to keep the package at the Lagos consulate for further review.

Is that no longer the best first approach, given that the denial is only 3 days old as of today?

Maya

[Adam&Noory 0]

All i can say is be strong!! Where did you do your interview? In nigeria? Or kenya?

I am Origin from Maurtius island but I did my interview in kenya as Mauritius island do not process K1 visa.

My CO was a woman and very nice lady.

I wish both of you you all the best. I'll pray for you guys!!

God bless

Noory

[NigeriaorBust 4,087]

I am suprised there are not more people advising the OP to contact his USC fiancee and urge her to contact her Senator/US Rep immediately (they all have immigration liaisons) and ask them to contact the DOS and request to keep the package at the Lagos consulate for further review.

Is that no longer the best first approach, given that the denial is only 3 days old as of today?

Maya

Lagos has a known habit of lying about where the petition is. I was told mine was sent back the week of the interview and in truth they held it for months to ensure that it was expired. You are not dealing with reasonable people when it comes to Lagos.

[oscar12 23]

Well i feel your pains and it know it hurts....You need to be a strong person and hold hands together with your love and you will get thru it....

From my own suggestion,Contacting Congressman helps sometimes and most times,is pointless and waste of time becouse when the embassy have any suspecision of visa fruad,They will quickly deny immigrant visa without questioning becouse mos most immigrant visas is hard to get denied especially when both people are free to marry and have every evidence to prove there relationship and in such case if it happens that it was denied for no cogent reason,The congressman has the right to question the denial and have them set up another interview based on not having a good reason for denying such visa becouse it was dully approved by United state govenrment,Embassy is just there to follow up with other process and issuance of the visa.....,But in yours,is different,They saw a reason and that is just it.............So i think getting the Congessman to help on your case,Is hard and i dont know.......... Becouse you both were dating when she has not even legally divorced the husband.....Truly the outcome of getting a congressman might still not be favourable.......In your case,They Ebmbassy have right to determine if to approve or deny the visa bases on what the CO sees fit.....,Though here in US,They know is possible and it happens everyday that people still go thru divorce and still date anyhow they want....but when it comes to Immigration matters,It is mostly view differently and there is nothing the petitioner or the beneficiary can do about it......if i was to know you befor the interview took place,i would have suggested you say you both were just friends and she was visiting you as friends all this while till 2010 when she legally divorced,That is at that point that you people decided to start a relationship and eventually decided to marry within few months....is obtainable than the fact that you were dating her when she was not legally divorced......Like i said,this are all suggestions .....But at any rate......Your best bet is just to file to revoke the k-1 and Just have your fiancee come to Nigeria and get married and file for I130 petition .....That way,CO cant help it but to approved it and if they venture to deny it again....Thats where the Congressman comes in becouse they dont have the right to deny it if it was approved on good faith here in Department of states,Unless there is a reason which they find out in k-1,been that she was not legally divorced piroir to having another relationship......

For me,is just the waiting time and the money involved in it,But i think is the best bet for you guys........Pls let other people advice you more on options to take ....Once again,am sorrry and i pray you guys find heart to move on and follow it up....In life ,delay is not denial and quiting is not an option.....Thats my theory....i hope this help you guys

[rachael74 0]

I can feel your pain. With God nothing is impossible. What ever decision u take, may it work out in your favour.

[madbui01 0]

Did you submit documentation or proof such as emails, cards, pictures detailed call history establishing your relationship and did u explain to the CO and show the original divorce or separation date that she was separated for tht long...

[souleymon 27]

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.

Derailing commnet

Let your congressman contact the embassy

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.

[az110965 252]

Derailing commnet

Let your congressman contact the embassy

You can derail all you want... USCIS reports to Congress. Embassy falls under the jurisdiction of the US Department of State and Congress has NO authority over an Embassy representative.

Calling the OP's Congressperson or Senator or even the current resident of 1600 Pennsylvania Ave, Washington DC will have NO BEARING on this case.

[oscar12 23]

Well Dude,Congressman or no Congressman,Embassy still have right to denial a visa when they deem its fruad,All the need to do is to back it up with evidence that is fraud,and that is final..... and that is why they are put there for.....Uscis approved a visa,when there is misrepresentation in the embassy level....is denied and that is just it and is return back without questioning..........So i suggest the answer to this is just thinking for a way to move forward and not get stuck with trying to get Congessman or so.....Just a suggestion though.....Even if you tried to and eventually get thru for them to help....All they could do is to write the embassy and ask reason of the denail of the visa and with such reason they gave that your fiancee was not legally divorced when you both were dating......and subsequently filed your petitioner within 3 months of the divorce procedure....i mean is a good reason for deanil and with that,Congessman cant do much on such situation....

i think Congressman help just in cases where the embassy denied a visa without giving a reason,Maybe they just say is for immigration purposes without giving a reason why they think so......Thats where the Congessman questions why do they think is for immigration purpose and have them review it again and possibly have them do another interview but in this case....There is a reason and this reason was that your finacee was dating you when she was not legally divorced....This is US governement and when it comes to immigration matters,it is strict and it has its own standard and thats just it....

Let people advice you more though and like i said,Be strong and take time to plan better,it will work out itself....

[az110965 252]

Well Dude,Congressman or no Congressman,Embassy still have right to denial a visa when they deem its fruad,All the need to do is to back it up with evidence that is fraud,and that is final..... and that is why they are put there for.....Uscis approved a visa,when there is misrepresentation in the embassy level....is denied and that is just it and is return back without questioning..........So i suggest the answer to this is just thinking for a way to move forward and not get stuck with trying to get Congessman or so.....Just a suggestion though.....Even if you tried to and eventually get thru for them to help....All they could do is to write the embassy and ask reason of the denail of the visa and with such reason they gave that your fiancee was not legally divorced when you both were dating......and subsequently filed your petitioner within 3 months of the divorce procedure....i mean is a good reason for deanil and with that,Congessman cant do much on such situation....

i think Congressman help just in cases where the embassy denied a visa without giving a reason,Maybe they just say is for immigration purposes without giving a reason why they think so......Thats where the Congessman questions why do they think is for immigration purpose and have them review it again and possibly have them do another interview but in this case....There is a reason and this reason was that your finacee was dating you when she was not legally divorced....This is US governement and when it comes to immigration matters,it is strict and it has its own standard and thats just it....

Let people advice you more though and like i said,Be strong and take time to plan better,it will work out itself....

You bring up some very good points in your post, but there are several things that are in error:

1)The Consulate CAN deny a visa based upon his feelings about the petition and they do NOT need to have evidence of any fraud. They are empowered to be objective and their decision is final and impeachable.

2) USCIS does not approve or deny the visa, all they do is approve or deny the PETITION.

3) Congress DOES have some influence with USCIS because USCIS falls under the auspices of Congress. Congress has NO influence on the Consulate because Department of State does not fall under Congress's funding or control. In addition, a Congressman can not "overule" a Consulate's decision. All a Congressman can do is make an inquiry when the petition is returned to USCIS, and typically this inquiry acheives NOTHING. Even if USCIS reaffirms the petition and sends it back to the Embassy - the beneficiary still has to pass the interview with the VERY Consulate who did not believe them the first time.

Here is the bottom line... Either the OP files another K-1, this time proving bonafied relationship or they marry, file CR-1 and prove bonafied marriage. Neither is guaranteed to work, but their current visa application is dead - whether they know it or not.

[Nigerian Queen 16]

My fiance is in the same situation that you are in I to was married while i was engaged to my fiance and now the embassy is returning it back to the U.S for further review . You may want to try and see if you could request a Senior interviewing Officer to review it before they send it back, I did the sma I am now waiting for a response. And Its not over they will review your case and give you time to give more evidence I talked to USICS and asked questions thats how I know. on another note customer service said that as long as the petition is under review the petition will not expire. Hang in their and don't give up.

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.....

[sonicgihad 4]

This does not make any sense! Can situations like this still be appealed? The main requirements of the K1 is that both parties are free to marry especially within 90 days. If she was legally divorced by the time she filed for the K1 then that satisfies that requirement with the latter obviously once you get here. Technically, if you think about it, even if someone gets a divorce finalized today and files for a K1 today, technically that person is free to marry. So it doesn't make sense why they would deny based on that. Fight it!!! Hope things work out for you guys!

Edited November 19, 2011 by sonicgihad

[az110965 252]

This does not make any sense! Can situations like this still be appealed? The main requirements of the K1 is that both parties are free to marry especially within 90 days. If she was legally divorced by the time she filed for the K1 then that satisfies that requirement with the latter obviously once you get here. Technically, if you think about it, even if someone gets a divorce finalized today and files for a K1 today, technically that person is free to marry. So it doesn't make sense why they would deny based on that. Fight it!!! Hope things work out for you guys!

Situations such as is described by the OP can be appealed - the realistic chance of approval for THIS visa application is very low.

The Consulate has detemined that the purpose of the relationship is for the beneficiary to immigrate to the USA and basically has told the OP that there is no basis to prove a bonafied relationship. If the Consulate had wanted additional proof, he would have issued a 221(g) and given 30 days for the OP and the petitioner to submit more evidence. However - the Consulate has decided to return the petition to USCIS. Once in USCIS's hands the petition will either be readjudicated and sent again to the Embassy or USCIS will issue a NOIR - Notice of intent to revoke. Either way, the odds of VISA approval are slim. Why? Let's assume that USCIS reaffirms the petition. The petition is then sent again to the very Embassy and most likely the SAME Consulate who found intent to fraud the first time. Another interview will be held with the SAME Consulate. What do YOU think the outcome will be?

Best bet.. Withdraw this peition. Start fresh with the petitioner making another trip to spend time with the beneficiary and keep EVERYTHING proving a bonafied relationship. OR - marry, and get everything possible to prove bonafied marriage.

This will be an uphill battle, but refiling either K-1 or CR-1 is the most likley path to approval IF they prove legitimate relationship.

[odus blessing 3]

Well i feel your pains and it know it hurts....You need to be a strong person and hold hands together with your love and you will get thru it....

From my own suggestion,Contacting Congressman helps sometimes and most times,is pointless and waste of time becouse when the embassy have any suspecision of visa fruad,They will quickly deny immigrant visa without questioning becouse mos most immigrant visas is hard to get denied especially when both people are free to marry and have every evidence to prove there relationship and in such case if it happens that it was denied for no cogent reason,The congressman has the right to question the denial and have them set up another interview based on not having a good reason for denying such visa becouse it was dully approved by United state govenrment,Embassy is just there to follow up with other process and issuance of the visa.....,But in yours,is different,They saw a reason and that is just it.............So i think getting the Congessman to help on your case,Is hard and i dont know.......... Becouse you both were dating when she has not even legally divorced the husband.....Truly the outcome of getting a congressman might still not be favourable.......In your case,They Ebmbassy have right to determine if to approve or deny the visa bases on what the CO sees fit.....,Though here in US,They know is possible and it happens everyday that people still go thru divorce and still date anyhow they want....but when it comes to Immigration matters,It is mostly view differently and there is nothing the petitioner or the beneficiary can do about it......if i was to know you befor the interview took place,i would have suggested you say you both were just friends and she was visiting you as friends all this while till 2010 when she legally divorced,That is at that point that you people decided to start a relationship and eventually decided to marry within few months....is obtainable than the fact that you were dating her when she was not legally divorced......Like i said,this are all suggestions .....But at any rate......Your best bet is just to file to revoke the k-1 and Just have your fiancee come to Nigeria and get married and file for I130 petition .....That way,CO cant help it but to approved it and if they venture to deny it again....Thats where the Congressman comes in becouse they dont have the right to deny it if it was approved on good faith here in Department of states,Unless there is a reason which they find out in k-1,been that she was not legally divorced piroir to having another relationship......

For me,is just the waiting time and the money involved in it,But i think is the best bet for you guys........Pls let other people advice you more on options to take ....Once again,am sorrry and i pray you guys find heart to move on and follow it up....In life ,delay is not denial and quiting is not an option.....Thats my theory....i hope this help you guys

[/quote

Thank you for your advice.