Interviewed at Lagos today; recommended for revocation under 221g

[tomyka81 95]

Ok here goes. UGH... Fiance went to the consulate today for his interview. His interview was going great until the last question. He was asked about a 2014 tourist/business visa application in which he indicated that he had a fiance and a child. He NEVER told me about this application. So of course, when i listed our red flags visa denials, I only listed the ones that he told me about. Back to the interview. So on his DS-160 he listed this visa denial and "says" he indicated that the part about a fiance and a child were lies. He "says" that he confessed to the visa officer that those statements were lies. I put says in quotations because you never know when to believe a liar. So according to my fiance, the visa officer was very nice and understanding and say that because my fiance came clean up front, that he wouldn't recommend for a 10 year ban. (I dont know whether to believe this statement either because USA only has permeanant bans). My fiance indicated that the visa officer stated that he would type some beneficial notes in the file and submit for revocation. The visa officer then told him that the options were to refile that K-1 or get married. My fiance stated that the visa officer also told him to answer the DS-160 question the same way that he lied on the previous tourist application. My fiance also stated that the Visa officer stated that because out petition was at the four month period that we were essentially out of time to ask me any questions and that was the reason that he was also sending it back for revocation and that USCIS probably would not get to it before that time and what we should refile one or the other: spouse or fiance.

I haven't decided, at this point, whether to refile or end the relationship. I am just seeking input as to whether any of this makes sense that my lying fiance claims the visa officer said. I did ask my congressman to get the cover sheet if possible. I didn't request any action other than what was on the cover sheet.

[Boiler 45,485]

Some of it is possible, some of it could be a simple misunderstanding.

Misrep is a lifetime bar but they could have said anything just to get him out.

It would not be up to this CO to impose a bar, that would only apply if there was an otherwise approvable application at some time in the future.

As you have no doubt seen stated in other threads the general recommendation is to go CR1 rather than K1.

Edited September 19, 2015 by Boiler

[Adil & Jeanne 296]

I guess the question is "Did he not mention this as not important to him?" Or did he tell you in the beginning he had never applied for a visa to the US? Did he lie or just not mention it in talking?

Did he lie? I would try to find out the truth before i made a decision.

No judgements here just understand your concerns. Since you are the applicant, ask for the denial paper from USCIS when it is returned.

I know the process is hard and long but immigration has no reason to invent statements.

[Boiler 45,485]

I guess the question is "Did he not mention this as not important to him?" Or did he tell you in the beginning he had never applied for a visa to the US? Did he lie or just not mention it in talking?

Did he lie? I would try to find out the truth before i made a decision.

No judgements here just understand your concerns. Since you are the applicant, ask for the denial paper from USCIS when it is returned.

I know the process is hard and long but immigration has no reason to invent statements.

He was asked about a 2014 tourist/business visa application in which he indicated that he had a fiance and a child. He NEVER told me about this application.

Seems pretty clear.

[Ebunoluwa 6,136]

I have heard it over and over again that to show strong ties, sub-saharan applicants have used the wife/fiance/child lie for a B2.

That is common street advice and a second K1 or CR1 filing will not help because he will be hit with misrepresentation.

I know of 2 cases where this happened personally.

In order to have a chance of approval a waiver needs to be filed. You need to consult a lawyer on how to draft a hardship letter as it is a very

difficult thing to do if you chose to go on with this. Usually waiver forms are handed out at the interview when the visa is refused.

You can request a FOIA for consular notes but you both have to sign the release forms or they will not answer things pertaining to him due to privacy laws.

What would concern me more than anything is that he was not transparent with you and like so many others thinks he can just squeeze by

without telling you and that is a huge red flag for your future. It shows carelessness, secrecy and disrespect for all your time wasted not

to mention the expense.

What he said the CO said doesn't make sense to me, especially in a tough embassy like Lagos.

A FOIA could reveal that perhaps.

The couple I know (beneficiary is Nigerian) had the same situation, she married him and filed a CR1 after a returned K1 and got denied

again due to the same misrepresentation; she had enough and left him.

I would cut my losses and end it, he had a choice and made the wrong one not telling you and that carries consequences.

Believe me when I tell you this behavior doesn't stop once he would make it here.

He could make your life a living hell with secrecy doing what he wants and leave you in the dark. Lies like these are not a good foundation

to build a marriage on.

I am so sorry and wish you the best whatever you decide.

[dwheels76 5,468]

Ok here goes. UGH... Fiance went to the consulate today for his interview. His interview was going great until the last question. He was asked about a 2014 tourist/business visa application in which he indicated that he had a fiance and a child. He NEVER told me about this application. So of course, when i listed our red flags visa denials, I only listed the ones that he told me about. Back to the interview. So on his DS-160 he listed this visa denial and "says" he indicated that the part about a fiance and a child were lies. He "says" that he confessed to the visa officer that those statements were lies. I put says in quotations because you never know when to believe a liar. So according to my fiance, the visa officer was very nice and understanding and say that because my fiance came clean up front, that he wouldn't recommend for a 10 year ban. (I dont know whether to believe this statement either because USA only has permeanant bans). My fiance indicated that the visa officer stated that he would type some beneficial notes in the file and submit for revocation. The visa officer then told him that the options were to refile that K-1 or get married. My fiance stated that the visa officer also told him to answer the DS-160 question the same way that he lied on the previous tourist application. My fiance also stated that the Visa officer stated that because out petition was at the four month period that we were essentially out of time to ask me any questions and that was the reason that he was also sending it back for revocation and that USCIS probably would not get to it before that time and what we should refile one or the other: spouse or fiance.

I haven't decided, at this point, whether to refile or end the relationship. I am just seeking input as to whether any of this makes sense that my lying fiance claims the visa officer said. I did ask my congressman to get the cover sheet if possible. I didn't request any action other than what was on the cover sheet.

Dang dang dang. I am so so sorry. I know this hurts like crazy. Just take a time-out and gather your thoughts. But I am sure either way you go change is coming.

If you do decide to go forward DO NOT file another K1. After a denial like this and still not married will look like you aren't serious.

And if a ban isn't forthcoming that is one special kind of CO. I have seen this enough times at Lagos and its usually a 10 year Ban or for life.

Just sorry. I am speechless and hurting for you sis.

Edited September 19, 2015 by dwheels76

[Boiler 45,485]

I assumed the OP is at least considering going forward otherwise why post?

[Ebunoluwa 6,136]

I assumed the OP is at least considering going forward otherwise why post?

Because feedback will often give clarity about going forward or not, especially when in total shock and not understanding the

severity of a material misrepresentation carrying a life long ban. It takes time to process what just happened, to think, to research

and then make the decision that is best for her.

[Boiler 45,485]

I think we are coming from the same angle just using different words.

[katie123 7]

I would dump him like a hot potatoe.

[Elli3 0]

I'm so so so so so sorry to hear this. I can't imagine what you're going through right now but try and take your time to rethink before making any decisions and its outcomes. However, if you decide to move fwd I'll advice not to re-file for k1. Maybe file for cr1 ( I'm not sure) . Either way, just take your time to think deep. I wish u all the best in whatever decision you make.

[Ebunoluwa 6,136]

No, re filing will not help, she will hit the same brick wall. Waiver is needed for material misrepresentation.

A good waiver attorney costs about $4000 at least. Even with that there is no guarantee for a waiver approval because the petitioner has to

proof that she will have hardship without him. That will be very difficult to prove since she got along just fine without him before.

This looks rather hopeless to be frank.

[Boiler 45,485]

Most waivers get approved, especially after the lockbox came in, very few properly presented ones are denied.

Just time and money.

Edited September 19, 2015 by Boiler

[Unidentified 2,930]

I don't have any advice because this is not my area of "expertise" (more like experience) but I want to say good luck with whatever you decide to do and I'm sorry this happened to you!

[Neldreemz 13]

I am so sorry about this news. I think the first thing to do is take a moment to ask yourself what advice would you give your best friend in this situation regarding whether to continue the relationship, then ask youself for yourself given the love and commitment you feel toward your fiance. Then it will require some time and reflection to gain the trust back if that is your choice bc you cant fully commit wholeheartedly to what it takes next to continue this visa journey if there are doubts in your mind about your fiance. Then lastly with all the great advice of the experts whom have responded on this topic and which can be found throughout VJ, be the well organized and prepared person you seem to be and get ready to tackle the next endeavor which I pray lead you to a happy long life with your fiance should you choose to continue the relationship. Should you choose to end it, either way I wish you strength and good luck! God bless dear and will be praying for you!