interview denied because the lady was tired and missunderstood my custody dicree

[WandY 430]

4 hours ago, OvieDare said:

Common law is recognized on a federal level and federal law supersedes any state law. See how you go about un doing a common law marriage. 

Wrong country. States govern marriage in the U.S. In fact, states govern everything except for those specifically reserved by federal law - that's why immigration is such a hot topic. Study the concept of federalism, as well at the 10th Amendment.

[Ontarkie 14,321]

~~One post and those quoting it removed for TOS Violation - Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, harass, insult, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users. Any further similar posts will result in thread bans.~~

[David & Diana R 1,005]

4 hours ago, AstroCanada said:

Marriage is defined by state law in the US not federal at all.  That is completely incorrect.

This is not totally accurate either.  8 US States allow common-law marriage.  ALL states are required by Federal law to acknowledge a common law marriage as long as it occurred in one of the common-law marriage states. 

[AstroCanada 206]

Just now, David & Zoila said:

This is not totally accurate either.  8 US States allow common-law marriage.  ALL states are required by Federal law to acknowledge a common law marriage as long as it occurred in one of the common-law marriage states. 

That's the "full faith and credit" clause of the constitution.  And that is indeed what it means, although with gay marriage, for example, it was definitely stretched.

[WandY 430]

3 hours ago, OvieDare said:

Well I guess I'm wrong then I thought even if you from those 13 states that if your in a same sex couple regardless of state law can file your federal returns as married. Thank you since I didn't go to law school and apparently many of you have and just know.

Taxation is federal. Marriage is not. Read the Constitution and specifically the 10th Amendment. You are not understanding the concept of federalism, which is a key component to understanding how our government works (or doesn't). When we don't know if something is specifically federal or given to the states, we turn to the Supreme Court. That's why issues such as gay marriage, gun control, immigration, abortion, etc. end up in arguments - and court. If it's a federal Constitutional question, it is likely a federal issue. Since the USCIS concerns immigration, it is - and will always be - a federal question and jurisdiction. The USCIS does not give a hoot about state law, including smoking pot, marriage, or anything else. States can (to some degree) legalize marijuana, but marijuana falls under federal drug codes - hence, it may hurt someone's visa issues, etc. Federal issue = feds win. State issue = states win (usually).

[OvieDare 3]

20 minutes ago, WandY said:

Taxation is federal. Marriage is not. Read the Constitution and specifically the 10th Amendment. You are not understanding the concept of federalism, which is a key component to understanding how our government works (or doesn't). When we don't know if something is specifically federal or given to the states, we turn to the Supreme Court. That's why issues such as gay marriage, gun control, immigration, abortion, etc. end up in arguments - and court. If it's a federal Constitutional question, it is likely a federal issue. Since the USCIS concerns immigration, it is - and will always be - a federal question and jurisdiction. The USCIS does not give a hoot about state law, including smoking pot, marriage, or anything else. States can (to some degree) legalize marijuana, but marijuana falls under federal drug codes - hence, it may hurt someone's visa issues, etc. Federal issue = feds win. State issue = states win (usually).

Are ya done? Embassy thinks she's married she has to prove she's not regardless of if this being a state or federal issue. Right?

[Boiler 45,756]

7 minutes ago, OvieDare said:

Are ya done? Embassy thinks she's married she has to prove she's not regardless of if this being a state or federal issue. Right?

As has been mentioned several times that is probably the least important of the many issues.

 

Assuming she is looking at going the marriage route that will resolve itself.

[Ezy_and_Oghene 10]

I just want to add that Nigeria is a very difficult country to go through. COs don't trust any Nigerian especially if there's no marriage already established. Even with marriage, some of them are just mean and rude. They know they can change your luck with a stroke of a pen but knowing the history of Nigerian youths in general and some misrepresentation they've seen in the past, these people jump to conclusion even before hearing you out. I know how it feels. Blame it on the country. There's lots of good advise here. Hopefully, things work out for the best for you two. Good luck!

[MeAlone 161]

2 minutes ago, Boiler said:

As has been mentioned several times that is probably the least important of the many issues.

 

Assuming she is looking at going the marriage route that will resolve itself.

Nope. Marrying doesn't resolve to prove she wasn't married. They see kids and their father in her tax return, they assume she was married but no divorce degree. She needs to prove she doesn't need the divorce degree, she was NOT married

Tasha

[Boiler 45,756]

Some countries have a certificate of no marriage, the US does not. See no mention of her tax forms saying she was married which certainly would cause issues.

[Everlast 49]

Sorry about your plight. Read through what everyone posted here, take away the positives and ignore the negatives. This is a public forum, most are here to help, or believe they are helping.

 

What you need now is presence of mind. Concentrate hard. Write that letter or email or what ever, follow up with a call to make sure they received it. 

 

At the end of the day, " There's always light at the end of every tunnel".

 

If after all is said and he's not granted a second interview, prepare to visit Nigeria. Most of all, everything happens for a reason. Life's journey is hard and arduous , but it's exhilarating at the same time.

 

Wish you the very best in your visa journey!

[OvieDare 3]

24 minutes ago, Boiler said:

As has been mentioned several times that is probably the least important of the many issues.

 

Assuming she is looking at going the marriage route that will resolve itself.

Agreed. I'm going thru the same process and similar situation and filing to Lagos as well and did come on this site to start a debate. I'm on VJ because  I want successful outcome and avoid issues as such by learning through others experiences. 

[LionessDeon 2,060]

I don't think anyone plans on a debate.  Well most don't lol. Different experiences, viewpoints, and opinions cause that. It's inevitable with social media.  

[onileowo 7]

Please you shouldn't let your heart be troubled about this case, I believe that u will definitely find a way out if you can be patient with one another. I want you guys in looking into getting marriage in Nigeria. I believe that option so much and you can try to send email to the embassy for further clarification.

[STIG 5]

Based on the facts and circumstances, I can definitely see how his visa was denied. With so few days spent together in person, then you guys have an extremely tough burden to overcome. I'm not going to judge you at all as to whether your engagement and love is legit or not as I personally do not know you guys at all, nor is it any of my business to do so, but if you say it is real and legit, then I believe you. Couple of things:

 

1) His reaction to the denial is worrisome to me, and should be a red flag to you. Especially seeing that you mentioned you were previously in an abusive relationship. Are you sure you truly know this person? Does he have a violent temper that will come out later when you guys spend more time together? I only say this because you mention that he got into an argument with the immigration officer and they had to have security escort him out. I'm not judging, just maybe food for thought.

2) You guys will have to find a way to spend a lot more time together in person. Not just to prove his legitimacy for a visa, but also for your relationship. Plus you definitely need to meet his family and get to know who he really is and see where he comes from.

 

Best of luck to you and god bless

Edited March 2, 2017 by STIG