K1 Denial at Lagos what do I do next to get him here soonest?

[dwheels76 5,468]

From a Friend who Interviewed in Lagos, Nigeria. Any suggestion for them is gladly welcomed. Thank you

My fiance was given a 221g for failure to proof bona fide relationship. This is after over 40 pages of text messages, over 9 months records of daily, (yes daily), phone calls My passport stamp showing three trips to Nigeria last year, and over 30 photographs, including a family dinner where we are dressed in traditional wear. I have several pictures with several family members from different trips.

The case is still pending and will be sent back to National Visa center for review. If they reaffirm the visa the embassy will contact my fiance to set up another interview.

He answered all the questions they asked him correctly. I will just continue to pray that NVC will reaffirm the visa and we push on. The Co told him the denial is "Sorry I cant approve your visa today, but that does not stop you from marrying each other".

Questions I asked them:

Ask your fiance' specifically what questions were asked? Was there a certain topic the CO was fixed on?

The evidence you talk about was that submitted with your petition when you filed or brought to interview? In other words did you front-load or left it for interview.

Answer:

I front loaded all the evidence; they did not even look at any additional evidence he brought with him to interview.

They ask him basic things:

Who petitioned for you?

Whats my address?

Has she been married before?

Who do she live with?

They ask him about how many times we met and what dates did I come to Nigeria?

Where did I stay while I was in Nigeria?

Where does she work?

Co was fixated on: the fact that I visited Nigeria three times last year. How did I get to do that. huh??

Can I ask do you have any of the usual red flags?

1. You are older than he is (10 year or more)? he is 43, I am 48
2. You been married before? I have been married twice, first ended in divorce (1998), second one my husband died last year. Possible red flag. I met him very soon after my husband died and was buried. My previous husband was Nigerian as well, but I met and married him in the United States.(I was married from 1999-last yr). I filed Adjustment of Status for previous husband, and eventually he became a US citizen. This is my first time filing a Visa petition.
3. Have children from previous relationship? I have 4 children my youngest is the same age as his oldest.
4. Has he ever been petitioned before by anyone else? No one has petitioned for him before
5. You were petitioning he and his child, how old is the child (male or female)? The child is female age 14, but he has 3 other children that were also on the original filing, we just could not financially able to apply for all K2s for all for at once. We were planning to file for them within the next year. So that is why we started with his oldest child. CO only ask the child her name and her age, nothing else.

Another question CO asked him was why he and the mother of the children broke up and whether they had ever lived together.

Could this be a red flag? --I knew some of his family members before him, and that is how I met him was at one of his relatives house. I included that in how we met explanation, and maybe they think that is a negative thing? I thought it would be positive, that it would make them think I just did not meet a random person and decide to take them to America. His family member that I first met years ago is a Pastor (a real woman of God) and I am also a minister and we would not make this whole thing up. I am really saddened by the whole thing.

Do I have to just wait till NVC contact me or can I be proactive and contact them? I feel so helpless. It is really hard being without him and I want to be with him in the fastest way possible.

What would be the fastest route if NVC closes the case?

I was approved out of California Service center in 39 days.

[peace of my mind 12]

Well am not an immigration expect,and this what my own understanding is telling, first the C O is not doulting the relationship, look at what he told him am sorry I can't approved ur visa at this time,but that doesn't stop you guys from getting married,i think what was going on in the mind of the C O is u have visited three times with a year, what stop you guys from getting married or is it that you guys re not sure yourselfs,secondly they re nit sure if the man is completely separated from his wife,debbie this is my own little understanding,they still av a very good case,and the best for them is to go ahead and get married here in lagos and file for an i130 petition,one thing I av learnt in this immigration process is that there is nothing like as quick as possible, it's all about time,take ur time and make the best out of it,thank you

[Ebunoluwa 6,136]

NVC does not reaffirm cases. The consulate returns a petition with recommendation to revoke or for review, this goes via NVC but
NVC does not make a decision on this, USCIS does. CSC never reaffirms anymore, what service center did you go through ?
I have not seen a reaffirmed K1 here in a very long time from the other service centers, Vermont used to but that was also a long time ago

and they don't handle K1's now so you are pretty much out of luck with getting reaffirmed.
When a K1 gets refused and returned they will let it expire and you may or may not get a letter from USCIS that you can re file in

about 6 months or so.

The only thing you can do is contact your representative and ask for a second interview and if granted be present in Nigeria at that time.

Being granted a 2. interview is rare but worth a shot. Don't bother asking them yourself, get a senator and do it quickly, the longer you wait

the smaller the chance. Time is of the essence.

Second option is to marry and do a CR1, CO seemed to hint on that option.

When did he 'break up' (did he divorce ?) with his ex ? Not sure if he was married to her or traditionally "married" ?

What proof was submitted that he is no longer with his ex ?

[NigeriaorBust 4,087]

So you have a woman at the end of her ability to bear children with 2 prior marrying a Nigerian man that is younger and children from previous relationship(s?) She has 4 children ( are they all under 18 ? ) and he has 4 . Just to bring him over you are looking at a household size of 6? and then his would get it up to 10 ( assuming hers are all minors ) That is a pretty hefty income.

If she filed through California the K1 is dead ( expired that is why Lagos holds it before sending it back ) and there isn't much hope from elsewhere. Expiring lets them kill it with no work.

They may suspect that he and babies momma are or were married You have to be free to marry under local custom.

The question about the 3 trips to Nigeria in a year is how is she affording it, Is there money getting passed to her for the relationship , especially since she was hooked up by a family member are they paying for her services . ( don't get angry I am being CO like blunt )

Marry or another K1 doesn't really make a difference you have to figure out what made them turn this one down to have the second one work

[Ebunoluwa 6,136]

As far as meeting him through his family, no it is not a plus for Lagos and they have experienced too many fake pastors to be impressed

by one.

Edited June 21, 2014 by Ebunoluwa

[Moshin 3]

So I am the US woman filing the petition and have answers to questions posed
peace of my mind: ...I think what was going on in the mind of the C O is u have visited three times with a year, what stop you guys from getting married or is it that you guys re not sure yourselves, - What I think my fiance did not explain very well is that I was not in Nigeria 'for him' - all those three trips. I met my fiance one the last day of my first trip in 2013 – when I was in Nigeria for some matters concerning my late husband who died there while visiting his family. The second trip was to take my two youngest children whose father is Nigerian, to see their father's burial site, and know their Nigerian family, because I could not get there traveling documents on time for them to attend the funeral (he died earlier in the year 2013). I have pictures and videos of all this. While we were there for that, we also met up with my fiance. The third trip I scheduled specifically to see my fiance.

Funny thing is we were going yo get married during that trip and a close friend disuaded me saying it was too soon after my husbands death. (not from an immigration perspective, but more for what people would think).

My fiance was never married to the woman, He has a court proof of bachelorhood but never got a chance to show it. No traditional marriage either.

Ebunoluwa – I went through CSC. If I am present at interview do they let me interview as well, or am I just outside and he can say that to them?
No longer with his ex - She signed the permission to travel for the children, notarized by the Same Lagos Embassy showing her address and stating that he has no obligations to her. And the aforementioned proof of bachelorhood, showing that he has never married. He seeing her – sharing a dwelling her more than a year and a half before we ever met and he is a single dad. He had proof that his children live with him and he is the one taking care of them – but did not get a chance to show it.

I get your point about the fake Pastors and that is unfortunate. I guess me saying I am a minister in America too, may make me look crooked as well. STUPID, if you ask me.

NigeriaorBust - I don't understand what they care about if I have been married before, if two people love each other, why do they care? Sorry I know you are thinking like a CO but give me a break! People are not statistics; people are real people that fall in love, not necessarily fitting a perfect profile of single, never married, etc. So because we both have children and I have been married before and my husband dead, I cant meet someone and want to be with them? [shaking my head] My children are all older than his; only 2 are still minors, and yes I make enough money to file for him and 4 people and plus take current household based on the poverty guidelines and we provided proof of that in 3 years tax transcript, bank statement, letter from my employer, savings account.

Again, we have a notarized permission to travel letter signed by the children mother, notarized at said Lagos embassy stating he has no further obligations to her. However they did not ask him to show it as that was in reference to his oldest child K2 visa, who was with him at the interview and they did not even get that far, so they never asked him for the document. He also has his proof of bachelorhood from the Nigeria court. Again they did not see this document either.

Affordability of trips? I make enough money to afford the trips and on top of that I have proof of insurance payout (bank statements) from my husbands passing that allowed me to take my children over there with my for trip number 2.

We were not “hooked up” by the family member. I just happen to meet him because I know his family, versus meeting on chatline, etc. The family did not even know we were talking for some time and were shocked to learn that we were. CO may not believe this, no one may believe this, but it is the truth.

All this being said, how do I get a fair chance to present all this evidence have the opportunity to be together like any other couple that loves each other and want to be a family together, without someone decided our stats don't add up?? I think I will pursue the notes from interview and consider refiling marriage visa. If we get second interview for K1, do I get to present all the additional evidence I have to counter the first interview points?

[Moshin 3]

CORRECTION: He seeing her – sharing a dwelling her more than a year and a half before - I meant to say 'he stopped seeing her', meaning - stopped being a couple with her.. because if frequent argument, disagreements, whatever..

[NigeriaorBust 4,087]

If your ex was Nigeria you are not unaware of the interesting immigration ploys these people use. I know of several that got to the US by buying fake US ID's in Asia and slipping in on the guise of being a returning service member. I know 3 different men that paid the same woman for CR1 filing ( number 4 had issues with the validity of the relationship imagine that ) My husband has been asked by others when he will be available to "help" someone else come ( like he came here with plans to leave ) Our first petition ( K1 ) was also denied, our second one was record fast. It is the foolery of other Nigerians and their fake papers , fake relationships and other schemes that is to blame for the problems. Because of the silly behavior of scammers all couples must match some template of perfection for an easy time at Lagos. If you read the tale of millions sent to Nigerians for the hope of love it is quite simple to see why they tend to think of Americans as not too smart in love making decisions. Is it fair no...

[Moshin 3]

NigeriaorBust - This is my first go round with the immigration process, as I met my previous Nigerian husband here in America, when he was already here on another VALID visa for some time, so I did not file for him from Nigeria. He eventually became a US citizen and we had zero issues with that process because it was an authentic marriage until the day he died. I have not been closely associated with anyone else filing for someone or anything, so I was really clueless, until now.

Edited June 22, 2014 by donnyema

[Ebunoluwa 6,136]

You should have front loaded the red flag, which is the proof that he is not married to her by way of the bachelor certificate, he should have

handed it over at the beginning of the interview even if he was not asked for it. In my opinion the issue is that he has not convinced the CO

that he is truly done with the ex and has not shown the evidence to back it up. How can you proof that she moved out or did he move out

and has proof of another address perhaps ?

The CO may think he is pretending to claim she is an ex and as soon as he is here that he would petition for her.

That is unfortunately a common pattern. Convince them otherwise and address this in your next petition. You can't be present at the

interview but he should hand over your passport right away and say my wife / fiance is waiting outside and would like to speak to you.

Since it's CSC, forget it, it will expire and there will be no reaffirmation. Marry and file again with front loading and addressing all the issues.

[Moshin 3]

Ebunoluwa - We had no idea that they would think he is married to the woman or we would have presented the bachelorhood certificate, up front. We will front load that next time. We have proof of her address on the permission to travel document she signed and notarized at the Embassy and her government ID is attached showing her address which is different from his. I will front load this too. I like the Idea of showing up at the subsequent interview and him presenting my passport, etc. Thank you for your suggestions.

[Moshin 3]

NigeriaorBust - One correction. - you referred to my Nigerian husband as my ex. He was not my ex.. We were married for 14 years and lived together till he passed away from diabetes. I am widowed.

[Ebunoluwa 6,136]

Ebunoluwa - We had no idea that they would think he is married to the woman or we would have presented the bachelorhood certificate, up front. We will front load that next time. We have proof of her address on the permission to travel document she signed and notarized at the Embassy and her government ID is attached showing her address which is different from his. I will front load this too. I like the Idea of showing up at the subsequent interview and him presenting my passport, etc. Thank you for your suggestions.

You are welcome.

In addition to that write (type) a timeline of your relationship from your former husbands' passing away to the trips to Nigeria

to meeting your new fiance up to current. This can be 1-3 pages, clear paragraphs depicting the past years/relationships with precise

core points and without detracting details that do not matter but that address all important flags.

Then attach all evidence and back up what you have written with solid proof. Her showing a new address with gov ID is a good thing.

Think quality and though Lagos wants quantity as well, put emphasis on quality.

When you front load this the CO will see it before he steps in for the interview. Make sure he will have copies of everything in his hand,

handing it over in one big clip not a million folders where he has to fiddle for what he is looking for.

He must be proactive and quick but relaxed.

If there is trouble next time, go through the "American citizen side" and ask to speak to the CO or chief consul immediately.

Best wishes !

[Moshin 3]

Thank you, Ebunoluwa.