K1 visa returned

[Tinifrog 1]

I applied for I129F petition for my fiancé. It was approved and he went for his interview. The consular officer denied the issue of visa and sent the case back to uscis with reccomedation for revocation. The officer stated there was not enough evidence of a bona fide relationship. I emailed the consulate office and requested the senior consular officer review case and allow him another appointment to provide further evidence. I received a response stating that during interview it was discovered that the we were MARRIED. My fiancé performed a traditional ceremony in his village, but I was not present for this ceremony. This is not considered a legally binding marriage since it was by proxy. Therefore he still qualifies for K1 visa. The petition was expired before interview. They granted extension to complete process. What are my options and the next step?

[Harpa Timsah 13,258]

How can you have a traditional marriage with no bride?

Had you seen him after the traditional marriage?

[Ladidinbaba 2]

in Niger it you tell the CO you had traditional marriage or even paid the bride price they will deny you visa. Your next option is to apply for CR-1

[Tinifrog 1]

It was a traditional ceremony...not like American wedding. In Nigeria it is often refereed to as a customary law marriage. There are no records kept of these marriages..but the people of the village consider us married. I was not present due to the distance to travel and my health.

[Tinifrog 1]

If I apply for CR 1 how will I prove this marriage? And marriage by proxy is not legal in Nigeria..

For CR 1 both parties must have been present for marriage

Oh..and no I haven't seen him since marriage..I was diagnosed with cancer and have had 2 surgeries in the last 6 months

[dwheels76 5,468]

If I apply for CR 1 how will I prove this marriage? And marriage by proxy is not legal in Nigeria..

For CR 1 both parties must have been present for marriage

Oh..and no I haven't seen him since marriage..I was diagnosed with cancer and have had 2 surgeries in the last 6 months

You have no recourse but to marry. You aren't understanding. legally binding or not like you said as far as the village, his country people are concerned you are married.

So its like you are too married for a K1 and not married enough to be considered married. You will have to somehow find a way to get to him or him to you and get married.

Now again you say, "Oh..and no I haven't seen him since marriage". See even you say you are married so how do you think a CO is thinking. And if no papers were filed how in the world did they know you were married in village.

It's the customs of the country you married that rules. You are married in Nigeria plain and simple.

You have meet though in person right?

[Tinifrog 1]

Yes we have met in person.

The CO knew we were "married" because my fiancé mentioned performing traditional rites after the 221g was given to him. The interview was complete and the CO said there was not enough evidence of relationship. My fiancé was upset..they brought him a glass of water and it was discussed at that time.

[Tinifrog 1]

9 FAM 40.1 N1.3-2 Unconsummated

(CT:VISA-1165; 03-06-2009)

A proxy marriage, that has not been subsequently consummated, does not create or confer the status of spouse for immigration purposes pursuant to INA 101(a)(35). A party to an unconsummated proxy marriage may be processed as a nonimmigrant fiancé(e). A proxy marriage celebrated in a jurisdiction recognizing such marriage is generally considered to be valid, thus, an actual marriage in the United States is not necessary if such alien is admitted to the United States under INA provisions other than as a spouse. (See 9 FAM 41.81 N1.1.)

[belinda63 3,041]

That is the rule but there is a gray area between being too married for the K-1 and not married enough for the CR-1. You can't prove you didn't visit after the proxy marriage, you are married in the eyes of his family and neighbors, but you aren't married according to the rule. This happens more often than I care to think hence the warning to not have any type of ceremony prior to entry with the K-1.

Best bet is to meet somewhere and take care of business. Gather lots more evidence and apply for the CR-1.

[Tinifrog 1]

I only have the one visa stamp prior to proxy marriage. That isn't proof enough that it's not consummated?

[NigeriaorBust 4,087]

No Nigeria still considers you married. If he had someone stand in for you they may even consider him married to that person There is no proxy marriage in Nigeria.

[dwheels76 5,468]

I only have the one visa stamp prior to proxy marriage. That isn't proof enough that it's not consummated?

When you filed when was your face to face?

I think the big issue is (personally don't know why ya'll complicated matters with a traditional). But its seems like you said you didn't have evidence of a bonafide relationship so what evidence did you submit with petition and what did your fiance' bring to interview to show?

Even though you sight that immigration passage that does not apply to Nigeria no such thing and also a proxy would also have to be legal in your state. there are two states a proxy marriage is even recognized if it was allowed.

You have no recourse but to get married and refile. Sorry

[Cathi 5,782]

You can argue with the members here and the consulate all you want, the fact of the matter is you are married, proxy or not. The only way to get him a visa is to file for a CR1. End of story

[Ebunoluwa 6,136]

It is good that you seek clarification here from members and I am so sorry that you have cancer and can't be with your man to help

you through this difficult time.

You aren't 'married enough' for approval of a CR1 and need to get married with a legal marriage certificate. You are 'too married' for a K1.

Sorry about the CO's interpretation of what constitutes a marriage and what doesn't. They are given the discretion to make that judgement

call. Since he was given the 221g before the marriage issue even came up, he would probably have been denied anyway.

Lagos is tough.

Your case will be returned to USCIS where it will expire. Your option then is to marry and file for a CR1. Spousal visas do not expire

and you have a better chance to fight their findings should it get returned for any reason. I hope you can manage the travel to marry

with your illness.

I wish you a speedy recovery and peace !

[AmyWrites 593]

What a giant mistake you two have made.

You're married now. CR it is.