VISA refused - Please advice on what to do

[5310 0]

Hello everyone.

Please help with what I need to do next.

I had known my fiancée for two years now. I was still marriage to my now ex-wife. We were going through divorce. When my divorce degree was granted I decided to file for my fiancée. My petition was approved by DHS, but today my fiancée went for her interview and the CO refused to give her Visa the reason was “EVIDENCE INDICATE THAT THIS RELATIONSHIP WAS ENTERED INTO FOR IMMIGRATION PURPOSES".

The two points he made for denying the visa was

1.) The age different. We have 20 years age dif.

2.) I had my relationship with my fiancée I before my divorce was final.

What do I need to do to convince them the relation is real before they send the petition back to DHS? I have a separation agreement dated Nov. 2010 with my ex-wife. I propose to my fiancee in March 2011. should I email the separation agreement to them in lagos embassy? I am confused and don't know where to go from here. Why should age difference be an issue?

[Olomi_811 130]

A separation agreement is not a divorce decree. If you proposed prior to the divorce being finalized you were not free to marry.

[5310 0]

My understanding is that proposing while officially separated is not a crime. Is it? So if DHS is aware and they approved the petition, i dont know why CO will refuse visa. should I email the consular office in Lagos and explain to them with evidence of separation?

[Oksana & Max 94]

My understanding is that proposing while officially separated is not a crime. Is it? So if DHS is aware and they approved the petition, i dont know why CO will refuse visa. should I email the consular office in Lagos and explain to them with evidence of separation?

The DHS and DOS are two different entities. While DHS is approving it, the DOS still can refuse the visa. The DHS will not care about all those small things, as long as you provide documentation satisfying the requirements you will get approved.

As far as DOS is concerned you will have to provide sufficient evidence of bonafide relationship. And for some embassies and Lagos, would be one of them age difference is a huge factor. Were you presenet at the interview?

[NigeriaorBust 4,087]

There may actually be other underlying factors . How many times have you two visited each other and for how long. Are there differences in race, religion or educational background

[5310 0]

I have visited 3 times in 2 years. I was not present at the embassy during the visa interview. We are of same race and ethnicity. If age is a huge factor, how does one prove that this relationship isn't fake. we have series of email communication and phone records.

[Penguin_ie 5,997]

Did you become a USC through your ex wife? If so, how long after getting US citizenship did you separate/ divorce? How long after divorce did you send the petition for your fiance?

[5310 0]

I FILED FOR MY EX WIFE 4 YEARS AGO. I HAVE BEEN A US CITIZEN FOR 22 YEARS NOW. I FILED FOR MY FIANCEEE 90 DAYS AFTER MY EX-WIFE DIVORCE DEGREE WAS GRANTED.

[aam 3]

uscis adjudicator's field manual

When I called USCIS before i filed my I-129f I asked them if there was going to be a problem if I filed once we got her annulment and this was their response...

Both you and your fiancé(e) must be legally able to marry. For example, you or your fiancé(e) are in the middle of divorce or annulment proceedings, you must submit documents proving that you have completed those proceedings.

So, I would have to say that there is more to the story for denial.

[5310 0]

I agree, there is more to the story and I don;t know where to go to. Any suggestion from this forum of someone who has gone through similar situation will be very much appreciated.

The embassy wants to recommend to USCIS to revoke my I-129F approval. Now, do I call the consulate oversee and request a reason why we where denied. Or should I write my state congress representative of the situation? Has anyone been thru this situation before. PLEASE HELP.

[LIFE'SJOURNEY 970]

Your denieal has nothing todo with your divorce, you'll was not able to convince the CO that the relationship was not entered into for

'“EVIDENCE INDICATE THAT THIS RELATIONSHIP WAS ENTERED INTO FOR IMMIGRATION PURPOSES".

That's what you need to fix and prove.Without us knowing what evidence you'll provided,and how the questions that were asked were answered, there is no way to tell you how to fix it.

You must supply more details if you want fix it answers.

[Shoot Em Straight 385]

I FILED FOR MY EX WIFE 4 YEARS AGO. I HAVE BEEN A US CITIZEN FOR 22 YEARS NOW. I FILED FOR MY FIANCEEE 90 DAYS AFTER MY EX-WIFE DIVORCE DEGREE WAS GRANTED.

You hit a nerve Peguin_ie

[bestofboston 36]

Go there and marry her. Then file I-130 for CR1 visa.