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

[O&GForever 387]

First off, I am sorry you are going through this. My husband's K1 was denied in 2015, so I know the pain and heartache you are feeling.

 

I would highly recommend you contact your local Senator or Congressman asap. When our K1 was denied, the Ghana embassy ignored every message I sent to them and an attorney I contacted said the embassy wouldn't respond to them either. We only got answers when my Senator sent them an email. They may not be able to get you a second interview or reverse the decision, but they can give you answers which would be vital for moving forward. Some suggested getting married in Nigeria and filing for a CR1. That alone won't fix the problem. You need to know exactly what the CO noted in your case for the denial. 

 

Take some time to be angry and cry, but don't wait too long. Time is of the essence. 

[Dianalorena 1,153]

Right now it is going to seem like all the doors are closing, and of course you're super upset. I do hope you feel better soon and I know this isn't much consolation, but this moment will pass and you will find a way to solve it, whether you can appeal or get married and file for a CR1.  At first is hard to see why certain things work the way they do, but it does work in the end. 

I wish you all the best, and I'm sending you a big, big hug your way 

 

[AstroCanada 206]

43 minutes 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. 

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

[Boiler 45,525]

This thread gives some additional background information.

 

There can be more than one reason for a denial. With a K1 all you really need to know is that you were denied.

 

 

[Ash.1101 1,756]

Lagos is known to be hard as is.

NEVER send more information than asked for unless it's DIRECTLY related to something they HAVE asked for, such as say savings accounts to prove assets, extra letter or contract showing income, annual bonus statement, etc.

It's much like how people send proof that they have sent money to their fiance, thinking it strengthens their case. The CO can take it as they are buying their foreign fiance, or vice versa because in their eyes, sending money as a fiance doesn't look right as it does a wife and husband commingling funds.

A custody agreement would be considered having nothing to do with your fiance, as it should have absolutely no impact on anything, even your relationship. People have kids and marry over seas all the time, but they aren't the focus of these interviews and shouldn't have anything to do with them other than the CO maybe asking a couple of questions about the kids and moving on to the next topic.

In this case, you gave TOO much information, and confused the CO. 


Your most likely going to have to get married and go for a spousal visa.

It's easy to prove that you were married and divorced, a divorce decree does that. It can be a bit harder to prove you've never been married.




Also, it is safe to note that there have people who have interviewed at Lagos and felt the interview was going great only to be denied without an "obvious" reason. 


Note these were the red flags in your case, they could have easily have used any of these issues.

The CO can look at red flags and maybe dismiss a few, but if they keep piling up they may just be like okay that's enough and call it a day. That could easily have been what happened in this case. The misunderstanding of the custody agreement was just the nail in the coffin.
 

 

Quote

 

Well the red flags I see i your case are:

1. Meet once for only 6 days
2. Meet in another country
3. Never been to Nigeria.
4. Haven't meet family
5. Although not terrible age gap 9 years and you a parent f 3 is a big difference

 

 

 

Also I saw that you said you sent a 331 page packet.


Much like sending the custody agreement was a mistake, they look for quality over quantity. Sending a great big packet, when you had only met for 6 days when you had filed doesn't look good because you SHOULDN'T have that much information. They MUCH prefer quality content, over the quantity of content.



With that said, you may need to go down there and marry. When it comes to the spousal visa, do NOT overkill with info like you did here. Remember Quality information over the Quantity of information.

Edited March 2, 2017 by Ash.1101

[OvieDare 3]

Well I guess I learned something new today and I didn't post to have a great debate over the subject. As far as my understanding federal always out ranked. But anyhow since the embassy is run by federal then gonna have convince them otherwise. Anybody in this process is at their mercy. So all information and ideas can be helpful to research whether you agree or disagree or feel incorrect.

[ziggyzaazaa 14]

Thank you everyone, after I am done crying and get my mindful strength back I will update every step from here because I do plan to fight immigration on every accusation against me. I am not a fraud by any means, I do feel better from all the support this forum gives and the treasures of advice. I feel like I am not alone and people actually know how I feel, so its comforting. My fiancee is so sweet he even told me we will apply again and he will live the rest of his life never giving up.  Hes trying to comfort me, sooo, i will get through it. I dont even freak out on my mother this badly lol. Thanks everyone for listening to me cry and plead for answers.  Maybe we can move to Canada LOL. jk.

[dandk 72]

17 minutes ago, OvieDare said:

Well I guess I learned something new today and I didn't post to have a great debate over the subject. As far as my understanding federal always out ranked.

If it were, there won't be 13 States that still did not recognize same sex marriage.

[ziggyzaazaa 14]

25 minutes ago, Ash.1101 said:

Lagos is known to be hard as is.

NEVER send more information than asked for unless it's DIRECTLY related to something they HAVE asked for, such as say savings accounts to prove assets, extra letter or contract showing income, annual bonus statement, etc.

It's much like how people send proof that they have sent money to their fiance, thinking it strengthens their case. The CO can take it as they are buying their foreign fiance, or vice versa because in their eyes, sending money as a fiance doesn't look right as it does a wife and husband commingling funds.

A custody agreement would be considered having nothing to do with your fiance, as it should have absolutely no impact on anything, even your relationship. People have kids and marry over seas all the time, but they aren't the focus of these interviews and shouldn't have anything to do with them other than the CO maybe asking a couple of questions about the kids and moving on to the next topic.

In this case, you gave TOO much information, and confused the CO. 


Your most likely going to have to get married and go for a spousal visa.

It's easy to prove that you were married and divorced, a divorce decree does that. It can be a bit harder to prove you've never been married.




Also, it is safe to note that there have people who have interviewed at Lagos and felt the interview was going great only to be denied without an "obvious" reason. 


Note these were the red flags in your case, they could have easily have used any of these issues.

The CO can look at red flags and maybe dismiss a few, but if they keep piling up they may just be like okay that's enough and call it a day. That could easily have been what happened in this case. The misunderstanding of the custody agreement was just the nail in the coffin.
 

 

Also I saw that you said you sent a 331 page packet.


Much like sending the custody agreement was a mistake, they look for quality over quantity. Sending a great big packet, when you had only met for 6 days when you had filed doesn't look good because you SHOULDN'T have that much information. They MUCH prefer quality content, over the quantity of content.



With that said, you may need to go down there and marry. When it comes to the spousal visa, do NOT overkill with info like you did here. Remember Quality information over the Quantity of information.

Thank you for pointing that out, this will be helpful to me to better understand what their needs are when writing to them. I asked my fiance if it was a 221 Form to request for information, and he just said its a recommended revocation with no numbers on the form. i think that means denial due to fraud or ban or whatever that crazy woman decided to factor our case on. From what I gather, it seems she gave me no chance to prove my case just basically called me a scammer and insulted us both.

Edited March 2, 2017 by ziggyzaazaa

[Boiler 45,525]

6 minutes ago, ziggyzaazaa said:

Thank you for pointing that out, this will be helpful to me to better understand what their needs are when writing to them. I asked my fiance if it was a 221 Form to request for information, and he just said its a recommended revocation with no numbers on the form. i think that means denial due to fraud or ban or whatever that crazy woman decided to factor our case on. From what I gather, it seems she gave me no chance to prove my case just basically called me a scammer and insulted us both.

Calling her a crazy woman is not going to help, you were not there, nobody here was there.

 

As Ash pointed out there was it would appear one thing was mentioned but it could have easily been one of the other 'red flags'. They do not need to go through everything in detail.

 

 

[USAMorocco 143]

4 hours ago, ziggyzaazaa said:

I am not sure if I agree. Just because I am upset I am still somewhat knowledgeable of this process with the research I have done. I believe there is an appeal process and I could also get an attorney if need be. It's a very obvious oversight. my fiancee watched her carelessly read the documents while yawning   I legally have never been married and I do have proof of that.  Please if someone who has ever been through the more difficult process please let me know if I still have any chance to turn this around. my whole life and savings should not be based and decided upon a tired interviewer that did not properly examine my documents. they have supervisors at the embassy that need to approve of her decision. 

There is no appeal process for a K1 

[OvieDare 3]

11 minutes ago, dandk said:

If it were, there won't be 13 States that still did not recognize same sex marriage.

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.

[Boiler 45,525]

3 minutes ago, USAMorocco said:

There is no appeal process for a K1 

True, and I always assume that some sort pre interview review is done on these.

[Sholabite 5]

Am sorry you are going through this . The best advice I can give is to visit your local political reprentative office and explain and have him write the lagos embassy as soon as possible. I have an uncle who did this few years ago and it was really helpful.  Goodluck and do not give up . 

[LionessDeon 2,060]

2 hours ago, ziggyzaazaa said:

I will try to write a letter pleading that they review our case and reopen it. tjank you for your advice. really this is my last string of hope it seems. I know my documents are strong. we frontloaded that is why I put the custody decree in there. how could being more truthful get me into this mess. im new to this whole thing so i didnt know the details what they want except the truth. The lady actually told my fiancee I was scamming him in her exact words and that i lied and he should realize that I was a fraud.  I'm livid at the Lagos Embassy. 

Unless you act very quickly through a congressman or by email, this won't help.  K1s are left to expire and you would be much better off exerting your time, money, and energy on a spousal visa.

37 minutes ago, ziggyzaazaa said:

Thank you everyone, after I am done crying and get my mindful strength back I will update every step from here because I do plan to fight immigration on every accusation against me. I am not a fraud by any means, I do feel better from all the support this forum gives and the treasures of advice. I feel like I am not alone and people actually know how I feel, so its comforting. My fiancee is so sweet he even told me we will apply again and he will live the rest of his life never giving up.  Hes trying to comfort me, sooo, i will get through it. I dont even freak out on my mother this badly lol. Thanks everyone for listening to me cry and plead for answers.  Maybe we can move to Canada LOL. jk.

Try not to take it so personal.  I know it is hard, but try to focus on what is really important.  More facetime, less unnecesary info, and filing a spousal visa.  Lagos is an extremely difficult consulate.  K1s are very hard to get approved there.  I know what denial feels like.  Take time to deal with your emotions and then work with your fiance to plan another route.  If done properly you can overcome this.  Focus your energies in a positive path!

Edited March 2, 2017 by LionessDeon