AP on k1

[Mayor73ng 8]

Happy new year house ! I have been on AP since August on k1 visa.. They said my case must undergo additional administrative process that after 90 days if I don't hear from the Embassy I should mail to request for my case update.. After 90 days I emailed the Embassy which they replied me and said my case have been revoked and send back to uscis for father review.. Please I need an advice at this stage.. I have married an American before but she died when my filling was on the process. My visa was revoked then. I have gone for B1/B2 interview before which I was denied visa.. This is my second fiance she have visited me twice in my country Nigeria. Whatever you want to know feel free to ask and whatever idea you want to share also feel free to share.. Thanks

[Ben&Zian 4,398]

17 minutes ago, Mayor73ng said:

Happy new year house ! I have been on AP since August on k1 visa.. They said my case must undergo additional administrative process that after 90 days if I don't hear from the Embassy I should mail to request for my case update.. After 90 days I emailed the Embassy which they replied me and said my case have been revoked and send back to uscis for father review.. Please I need an advice at this stage.. I have married an American before but she died when my filling was on the process. My visa was revoked then. I have gone for B1/B2 interview before which I was denied visa.. This is my second fiance she have visited me twice in my country Nigeria. Whatever you want to know feel free to ask and whatever idea you want to share also feel free to share.. Thanks

 

A K-1 visa, once revoked/denied is returned to USCIS and left to expire. It may have already expired honestly already. There is no appeal really for it. Are there red flags in the case? Age differences, religious differences, family doesn't approve, did you have a 'ceremony' and show the embassy pictures of it (this can cause a denial bases on being "too married" for a K-1). Did they tell you why it was denied officially or just that it's denied and that's it?

 

Nigeria is a high fraud country so two visits generally isn't enough. They like more than that...

 

Could also be because of seeming you only look for Americans? Not saying that's the case but seeing as this is the second American the embassy can make an assumption.

 

As to what you can do now, nothing really except have the USC make sure the I-129f application is officially withdrawn or expired and then actually marry and file for a CR-1(spousal) visa.

Edited January 9, 2019 by Ben&Zian

[Crazy Cat 41,891]

25 minutes ago, Mayor73ng said:

Whatever you want to know feel free to ask

Was anything said during the interview which might make the consulate officer suspect that your relationship is not genuine?  How old is your fiance?  How old are you?  How did you meet your fiance?

[Mayor73ng 8]

Thanks brother for your idea I don't know what will be the reason. Both families approved it age different I'm 47 and she's 59 both the same religion.. But the consular was only asking me questions about my previous marriage (my late wife). My previous marriage my late wife was 60 years while I was 30 years then (2004).If the k1 has expired or denied at list they should let me know than to be killing me softly.. 

Thanks brother for your idea I don't know what will be the reason. Both families approved it age different I'm 47 and she's 59 both the same religion.. But the consular was only asking me questions about my previous marriage (my late wife). If the k1 has expired or denied at list they should let me know than to be killing me softly.. they suppose to focus on my present relationship not focus on a dead person. My late wife died over 10 years ago (2008) and my new fiance we known each other since 2012 but we fell in love in 2016 and we got engaged in 2017.. Even with there administrative process our relationships is waxing stronger.. 

Edited January 9, 2019 by Mayor73ng

[Ben&Zian 4,398]

Generally there is no notice of actual expiration, it just if left to die so to say at USCIS. Again at this point CR-1 visa is probably best option as once a K-1 is denied it is generally useless to bother filing again for it.

 

Also important though to really  think about what could have been the cause of denial because just marrying won't solve that and it can cause an issue with the CR-1 visa process again at the interview stage. Perhaps more visits and all can help overcome whatever the actual issue was.

[C90 376]

Did you ever have a criminal record, is there any known misdemeanor etc? If so, did you list this at your application?

Did you email de embassy since they told you they had sent your case back? Sometimes it happens that they missed something at USCIS and the embassy needs them to review it again to make sure what decision to make.Also, what was the reason of denial for your B visa? 

[Mayor73ng 8]

1I don't have any criminal record nor any misrepresentation in any of my documents all my documents are true and intact.. I have my late wife documents both death and other documents intact that was sent to me by US govt when my wife passed away. My B1 documents still remain intact 

[Mayor73ng 8]

This was my last reply from the Embassy...

Thank you for your email.

 

According to our records the administrative review of your case is complete and your case has been sent back to National Visa Center (NVC) with a recommendation that it be revoked because you failed to convince the Consular officer that you have a bona fide relationship with the petitioner.  The case is in the process of being returned to USCIS for review.  However, this is not something that can be done here in Lagos at this time.  The U.S. Consulate General no longer has jurisdiction over a case once it has been recommended for revocation.  As such, you should contact NVC at http://nvc.state.gov/ask or USCIS for further information about your case. Contact information for USCIS can be found at www.uscis.gov .  Please note that it can take several months for a case to be sent from Lagos and processed by NVC and USCIS in the United States.

[Dashinka 24,513]

1 minute ago, Mayor73ng said:

This was my last reply from the Embassy...

Thank you for your email.

 

According to our records the administrative review of your case is complete and your case has been sent back to National Visa Center (NVC) with a recommendation that it be revoked because you failed to convince the Consular officer that you have a bona fide relationship with the petitioner.  The case is in the process of being returned to USCIS for review.  However, this is not something that can be done here in Lagos at this time.  The U.S. Consulate General no longer has jurisdiction over a case once it has been recommended for revocation.  As such, you should contact NVC at http://nvc.state.gov/ask or USCIS for further information about your case. Contact information for USCIS can be found at www.uscis.gov .  Please note that it can take several months for a case to be sent from Lagos and processed by NVC and USCIS in the United States.

It seems the CO was not convinced.  As already mentioned, face time in some countries is very important, so I would work on that.  Also, I agree, I would not bother with another K1 attempt and instead look at the CR1, but of course that is your choice.

 

Good Luck!

[Ben&Zian 4,398]

Sounds like most of their statements, just generic and doesn't specify anything really. The CO or embassy does not have to actually tell you why it was denied, which sucks cause sometimes you really have no idea why, but they can "smoke screen" it if they want to and just use blanket statements. Just means they have denied it and it was returned. Again at this point CR-1 and extra in person time is only real option for you.

Edited January 9, 2019 by Ben&Zian

[Mayor73ng 8]

going for CR1 is not the problem at list before going for cr1 the USCIS should give me the final decision at list read my reply from the Embassy.. My fiance can't just apply for cr1 without hearing the final outcome from the uscis.. The embassy said is not in their jurisdiction anylonger that I can mail the uscis for update and my case status keeps updating

Edited January 9, 2019 by Mayor73ng

[Crazy Cat 41,891]

6 minutes ago, Mayor73ng said:

going for CR1 is not the problem at list before going for cr1 the USCIS should give me the final decision at list read my reply from the Embassy.. My fiance can't just apply for cr1 without hearing the final outcome from the uscis.. Thanks

This is going to be a long journey, I think.  It could be several months before your fiance gets any information from USCIS.  Even then, the ONLY recourse will be a legal marriage, a lot of time together, and strong evidence of a real, bona fide marriage.....just my opinion.

 

Edited January 9, 2019 by missileman

[Crazy Cat 41,891]

Have you and your fiance discussed her relocating to Nigeria for your life together?

[aaron2020 11,651]

33 minutes ago, Mayor73ng said:

Thanks brother for your idea I don't know what will be the reason. Both families approved it age different I'm 47 and she's 59 both the same religion.. But the consular was only asking me questions about my previous marriage (my late wife). My previous marriage my late wife was 60 years while I was 30 years then (2004).If the k1 has expired or denied at list they should let me know than to be killing me softly.. 

Thanks brother for your idea I don't know what will be the reason. Both families approved it age different I'm 47 and she's 59 both the same religion.. But the consular was only asking me questions about my previous marriage (my late wife). If the k1 has expired or denied at list they should let me know than to be killing me softly.. they suppose to focus on my present relationship not focus on a dead person. My late wife died over 10 years ago (2008) and my new fiance we known each other since 2012 but we fell in love in 2016 and we got engaged in 2017.. Even with there administrative process our relationships is waxing stronger.. 

It seems that the US Embassy believes you have a pattern of marrying older US women to immigrate to the US.

 

The US Embassy focus on your credibility.  Your contention that they should focus on your present relationship and not focus on a dead person is wrong.  They are not focusing on a dead person.  They are focus on you and your credibility.  Everything is fair game.  Everything.  

Your fiancee should consider moving to your country to be with you.  

[Ben&Zian 4,398]

Like before, there is no appeal really for a denied K-1 visa. Even the letter you "might" eventually receive from USCIS (or the USC would receive rather) would just be generic terms of denial, nothing specific.

 

Have the USC write to USCIS and officially withdraw the application, marry and file for CR-1. Or again you may end up waiting months to never hear anything even from them.