refile K-1 or CR-1

[iamvictorious 0]

Hello, I have a friend whose fiance just had his interview in Lagos and it wasnt successful. They were denied becuz her fiance tried to get a tourist visa yrs ago and was told by smeone to put that he's married. (well he wasnt married but still was denied for the visa). When it was time for them to file the K-1 they put that he wasnt married (which is the truth) and during the interview it came up. My friend met with the Consulate twice to explain but they said that there is nothing they can do but only suggest they get marry and try again. What are their options? Personally i feel if they do get married it will still be difficult to prove that he wasnt married. thanks in advance for your response..

[theunknown 5]

Hello, I have a friend whose fiance just had his interview in Lagos and it wasnt successful. They were denied becuz her fiance tried to get a tourist visa yrs ago and was told by smeone to put that he's married. (well he wasnt married but still was denied for the visa). When it was time for them to file the K-1 they put that he wasnt married (which is the truth) and during the interview it came up. My friend met with the Consulate twice to explain but they said that there is nothing they can do but only suggest they get marry and try again. What are their options? Personally i feel if they do get married it will still be difficult to prove that he wasnt married. thanks in advance for your response..

well thats complicated case i guess. i think its better for your friend to get immigration lawyer either way if he apply for k1 or cr1

[LoveNigarmostyle 164]

Hello, I have a friend whose fiance just had his interview in Lagos and it wasnt successful. They were denied becuz her fiance tried to get a tourist visa yrs ago and was told by smeone to put that he's married. (well he wasnt married but still was denied for the visa). When it was time for them to file the K-1 they put that he wasnt married (which is the truth) and during the interview it came up. My friend met with the Consulate twice to explain but they said that there is nothing they can do but only suggest they get marry and try again. What are their options? Personally i feel if they do get married it will still be difficult to prove that he wasnt married. thanks in advance for your response..

Similar situation occurred to a friend of ours just recently. Unfortunately, even with a bachelorhood certificate from the registry the embassy still did not want to give them another chance or consideration. To them the person lied on an application and they view that as deceit. Therefore, the consequences are harsher.

They will face misrepresentation and a waiver will need to be obtained. Have your friend look into the information here on VJ and contact an attorney ASAP prior to making a hasty decision. I would say an attorney is a must at this point for them to proceed.

Good luck to them.

[NigeriaorBust 4,087]

What they have done is a material misrepresentation and they may be able to overcome it with a waiver. The USC must file a waiver to explain why it is a hardship to them that the non USC isn't in the US. It has nothing to do with how hard life is on the non USC. It is harder to prove that it is impossible to live without your fiance than it is to prove it is a hardship without your spouse. You must file ofr a visa and it will be denied. When it is denied you will be told IF the offense can be waived. If not then you are at a dead end ( this usually means a drug offense or false claim to USC ) Once the visa is denied you will file the waiver and wait to see if it is approved. This will add about another year to the timeline if approved and if not you can appeal or go live there.

Edited April 16, 2012 by NigeriaorBust

[patient2010 93]

material misrepresentation is really a tough one Lagos tend to be nonforgiving for this but it is worth a try. Did the USC know that he tried for tourist visa that indicated he was "married?"

[JimVaPhuong 4,863]

I can see the consulate denying the K1 visa because he lied on a previous visa application. They have the discretion to deny for pretty much any reason they want. I'm not sure there's a material misrepresentation here, though. There's no statutory requirement for a consular officer to consider whether or not someone is married in order to determine if they should get a tourist visa. It loosely falls under the "strong ties" consideration, so it's a discretionary factor they can consider, but it isn't a fundamental eligibility factor. The criteria they usually use to determine if a fact is material is whether the truth could have changed the outcome. The tourist visa was denied, and it still would have been denied if he'd admitted he wasn't married.

Similar situation occurred to a friend of ours just recently. Unfortunately, even with a bachelorhood certificate from the registry the embassy still did not want to give them another chance or consideration. To them the person lied on an application and they view that as deceit. Therefore, the consequences are harsher.

They will face misrepresentation and a waiver will need to be obtained. Have your friend look into the information here on VJ and contact an attorney ASAP prior to making a hasty decision. I would say an attorney is a must at this point for them to proceed.

Good luck to them.

In the case you're referring to, did the consulate make them apply for an I-601 waiver? I'm just curious to know how the consulate in Lagos handles this sort of thing.

[iamvictorious 0]

no the only thing they told the petitioner is to refile under a K-1 or get marry and file the CR-1. They also told her to wait for it to get back to the U.S. and she can appeal it.She said pretty much she begged them to help her out in telling her what to do but that was the only suggestions they gave her. She is back in the States now and is trying to figure out who to talk to about this, so i told her that i would ask the VJ members and see what you all would suggest.

Patient2010...yes the USC knew when she filed the K-1 but she told me the reason he put "married" was becuz his girlfriend, at that time, was living with him and they always recognize their woman as their "wife" not girlfriend. She also said that they were advised to put married so that it would show strong ties...but he still got denied.

Edited April 16, 2012 by iamvictorious

[NigeriaorBust 4,087]

If they embassy knows a name for the 'wife' they may ask for a divorce.

[LoveNigarmostyle 164]

If they embassy knows a name for the 'wife' they may ask for a divorce.

If the person was not married legally, how can they produce a divorce paper? In my friend's situation they can't produce a divorce paper for the guy was never married. The person who helped him fill up the forms wrote that he is married and has a child to establish strong ties with Nigeria. It back fired on them and now they are denied K1 even though they have legal proof that he was never married.

The CO told the petitioner to get married and file for CR1. We all know this is a big issue which will come up whether the petitioner files for K1 or CR1 regardless.

[NigeriaorBust 4,087]

So when the next petition gets to the consulate and he is asked to explain his claim of a wife and child he can deny it all or not. The conulate is almost certain to do a field investigation on this one. They send someone out to where he used to live , and they ask the people living around there " Do you remember XXX ? Didn't he live here with his wife ? ( and kid ) " How will the people be answering that question. There has been a case of someone married only traditionally that was required to bring proof that the relationship was terminated.

[iamvictorious 0]

So should my friend fill out the I 601 waiver even though the CO never mention it...I am confuse in what to tell her. I do know they are going to get marry in a few months but i dont know if that is a good idea. I was thinking maybe she will have to wait for the petition to come back to the States and go from there. I told her about getting a awyer, she she knows it will cost alot, but but she feels its worth it. She asked me if she should contact her Senator or Congresswoman/man but i dont think they can help.

[L+T 71]

If the person was not married legally, how can they produce a divorce paper? In my friend's situation they can't produce a divorce paper for the guy was never married. The person who helped him fill up the forms wrote that he is married and has a child to establish strong ties with Nigeria. It back fired on them and now they are denied K1 even though they have legal proof that he was never married.

The CO told the petitioner to get married and file for CR1. We all know this is a big issue which will come up whether the petitioner files for K1 or CR1 regardless.

It seems you answer your own question, get married and file the CR1 like the CO suggested.

[LoveNigarmostyle 164]

It seems you answer your own question, get married and file the CR1 like the CO suggested.

I was stating a similar situation of a friend of mine, it is not my case. I did get married and my situation is totally different. Therefore, I can't control what my friend decides to do or not. Whether I answered myself or not, is not the discussion here. So, I have a right to ask as well as you have a right to rudely answer.

Meanwhile, I agree with NigeriaorBust, I think they will investigate by doing a field visit and in depth investigation about his prior relationship and whether they decide to get married or file another K1 is their decision to make.

[LoveNigarmostyle 164]

So should my friend fill out the I 601 waiver even though the CO never mention it...I am confuse in what to tell her. I do know they are going to get marry in a few months but i dont know if that is a good idea. I was thinking maybe she will have to wait for the petition to come back to the States and go from there. I told her about getting a awyer, she she knows it will cost alot, but but she feels its worth it. She asked me if she should contact her Senator or Congresswoman/man but i dont think they can help.

Have your friend contact Marc Ellis, who is a well known attorney here on VJ. He is experienced in Immigration Law. I feel your friend should weigh their options after consulting with an attorney.

[L+T 71]

I was stating a similar situation of a friend of mine, it is not my case. I did get married and my situation is totally different. Therefore, I can't control what my friend decides to do or not. Whether I answered myself or not, is not the discussion here. So, I have a right to ask as well as you have a right to rudely answer.

Meanwhile, I agree with NigeriaorBust, I think they will investigate by doing a field visit and in depth investigation about his prior relationship and whether they decide to get married or file another K1 is their decision to make.

Didn't mean to be rude. But i can say if we were denied visa and CO suggested something, this is what i would do. Just saying.