visa deny and case been return after 6 months in AP

[dady12 12]

I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

[Everlast 49]

I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

Is this a K1 or or CR1?

[sema 26]

If I was you after waiting all that time I would "consider" doing a CR1 again considering the lawyer will still not be thre to interview and thwy may just tell you to resubmit application.

[dady12 12]

If I was you after waiting all that time I would "consider" doing a CR1 again considering the lawyer will still not be thre to interview and thwy may just tell you to resubmit application.

it is cr1 not k1

Is this a K1 or or CR1?

cr1

[EM_Vandaveer 2,408]

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

[dady12 12]

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

Edited December 7, 2016 by Ryan H
Reason for edit: to remove multiple posting.

[Ebunoluwa 6,136]

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

I agree with this post.

[Ebunoluwa 6,136]

but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.

[dady12 12]

You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

[Ben&Zian 4,398]

You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.

[IcezMan_IcezLady 582]

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

Yes, if your case is in the US then you can call to withdraw or cancel

[Inikamoze 86]

I agree with this post.

And I agree with this agreement ^^^^^^^

[dady12 12]

You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.

ok thanks for your time,I will be calling for the lawyer so that the old petition is cancel and we can refile with this new certificate,instead of waiting for 1year plus for petition review which I may not win ,I have to refile as you suggested.thanks for your kind and timely advice

Yes, if your case is in the US then you can call to withdraw or cancel

ok thanks I am looking forward to do as directed.I appreciate your reply

[Everlast 49]

Relax while you proceed with all the advice you have received in here. You really don't need a lawyer for all you intend doing, read the guides and wiki above, and research in here, you will see someone who has gone through a similar issue in the past.

Wish you well on your visa journey!

[Ebunoluwa 6,136]

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

You said the church's marriage certificate was not registered (because the country did not recognize your church)

are you now saying it was registered before the filing ?