K1 visa denied

[payxibka 10,045]

About the only thing you can do is send an email to the consulate and request a review by the consulate general.  You need to try and explain why you believe there is no ineligibility.  They are under no obligation to agree or take any further action.  Once the petition is returned to the USCIS, it is the end. 

 

You lack face time and it has been more than a year since you last saw each other.  That is a very big hill to climb.

Edited March 6, 2019 by payxibka

[carmel34 3,626]

OP, any idea why the letter stated that "the petition contains inaccurate information?"  Ask your fiance about the questions asked, there may have been something in the petition that did not match civil documents presented or other documents reviewed at the interview.  Unless this "inaccurate information" problem can be fixed, it will continue to be a problem even if you marry and file for a CR-1.  You could try sending the consulate an email to ask what that sentence about "inaccurate information" was referring to, unless your fiance knows, and if it is something that could be addressed with additional documents, try sending that to the consulate ASAP.  Could it be a misrepresentation on the petition?  Did your fiance have any previous visa denials that were not disclosed on the petition?  Criminal record not disclosed?  Anything like that?  Try to get to the bottom of this now because if you wait and file an I-130 you need to avoid making the same mistake twice.

Edited March 6, 2019 by carmel34
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[Nkeasterling44 1]

Yeah, Nigeria is going to be a tough one to overcome unfortunately. My husband was denied fiance visa but for other reasons. A lawyer told me to get married and file spousal visa. That's exactly what I did, what else can you do? In a bonafide relationship you want to be together, wherever you end up. Good luck to you.

[Jen Canterbury 2]

Thanks everyone for the excellent advice.

[Ryan H 3,812]

**Post containing personal information removed.**

[SalishSea 17,829]

3 hours ago, Jen Canterbury said:

Tbilisi Georgia, No reason was given, he said she made reference to our age I’m 51 and he is 35 and also started that he is close to my kids age which shouldn’t have anything to do with our relationship 

That is the red flag.

[Jen Canterbury 2]

Jorgedig,

 

if that’s the case, that is sad and not right, I do understand that’s their job to weed out all false claim but everyone who’s applying for such visa lives are in the hands of some CO who doesn’t care.

[SalishSea 17,829]

34 minutes ago, Jen Canterbury said:

Jorgedig,

 

if that’s the case, that is sad and not right, I do understand that’s their job to weed out all false claim but everyone who’s applying for such visa lives are in the hands of some CO who doesn’t care.

It isn't that they don't care.  They are charged with taking the totality of a person's application, and making a decision.  In some countries, it is very unusual for younger males to marry much older women from their own country, so it is scrutinized using that cultural context.  Also, if he had any shady documents/lack of documents from Nigeria, that is also huge.  As mentioned, Nigeria is known as high fraud, particularly when it comes to document forgery and immigration marriage fraud.

 

It is possible that although he is a legal resident of Georgia, the totality of the case, and his ties to Nigeria, impacted the decision more than if he had been a born citizen of Georgia.

[Scandi 4,166]

2 hours ago, Jen Canterbury said:

Jorgedig,

 

if that’s the case, that is sad and not right, I do understand that’s their job to weed out all false claim but everyone who’s applying for such visa lives are in the hands of some CO who doesn’t care.

If you only knew how many cases we see on here where

 

1. the woman is significantly older than the foreign man,

2. she thinks they're sooo in love (love does make you blind it seems),

3. she actually manages to bring him to the US and

4. he leaves her as soon as he gets his greencard.

 

And then the typical post by the woman who now screams about fraud and how he tricked her just to get a greencard ("I was so blind, I can't believe it!!!!11one" yada yada) and how she now wants to know what she can do to deport him and not be responsible for him for xx years.

 

Happens all the time, I bet many of the denials save US women everyday from becoming victims of immigration fraud. The Consular/immigration officer sees the things the blinded woman refuses to see.

Edited March 7, 2019 by Scandi

[Roel 7,192]

Even if you go there and get married it will not remove all those red flags. If you dont address them the spouse visa also can get denied. 

 

The best way to increase approval is to spend more time together in person. Maybe even move there for few months. 

[Rocko20 159]

Nigeria, through no fault of your own, is a high fraud country. The age gap only futher raised more red flags.

 

It sucks but that's the way the U.S. immigration system works. Some countires have so many fraudlent marriages and illegal immigrants that they decided to put a hard stop to it by scrutinizing future marriages.

 

Some folks are trying to leave their home countries and they don't care who they have to swindle or seduce in order to do it. The CO simply saw something and was not confident that the nigerian was doing this in good faith.

Edited March 7, 2019 by Rocko20

[Kingdomcome84 18]

11 hours ago, Jen Canterbury said:

The first time meeting 7 days the second time 16 days, we met since 2014 and was corresponding with each other via Skype, FaceTime, we have a  bona fide relationship, would they give a reason for the denial?

you met since 2014 and have only visited twice. No way the CO can be convinced this is real

 

in contrast, my fiancé is also in Nigerian and next month will be my 4th visit within a years time frame

[brien0512 61]

4 hours ago, Scandi said:

If you only knew how many cases we see on here where

 

1. the woman is significantly older than the foreign man,

2. she thinks they're sooo in love (love does make you blind it seems),

3. she actually manages to bring him to the US and

4. he leaves her as soon as he gets his greencard.

 

And then the typical post by the woman who now screams about fraud and how he tricked her just to get a greencard ("I was so blind, I can't believe it!!!!11one" yada yada) and how she now wants to know what she can do to deport him and not be responsible for him for xx years.

 

Happens all the time, I bet many of the denials save US women everyday from becoming victims of immigration fraud. The Consular/immigration officer sees the things the blinded woman refuses to see.

This is true, an american friend  petition a guy from morrocco the entire family against it but she didnt listen i told her he might just using her for greencard but instead she gets mad to everybody and got married anyway  until the guy arrived in US and after a month he recieved hes green card and after 3 months living together he left her with 10 000 dollars unpaid loans which he use to pay for his visa ,tickets ,phone ,car n he promised her he got money in morroco just need to widraw it the moment he arrived in US n he will pay all the loan that she made... engagement ring wer fake n so wedding ring.. she attempted to commit suicide n shes now in shelter lost her job her house n everything the family reported it to uscis but nothing happends the guy still in United states

[Paul & Mallory 1,398]

I know it seems unfair, especially if you are in fact a legitimate couple, but it is the nature of the beast. Immigration is a privilege, not a right. And unfortunately, though no fault of your own, Nigeria is a high fraud country - and usually with scenarios where the woman is much older than the man and the man is the beneficiary. With that in mind, COs have to be extra cautious and particular when reviewing these cases, and with any amount of red flags, a denial is highly probable.

 

With the age difference and lack of face time (two average-length visits may not have been enough), this is most likely the reason for the denial. As others have said - even if you get married and attempt a CR1, these red flags will not go away. I would suggest as much more face time together in person as possible before going that route, if you do. It's still not a guarantee, but will put you in a much better position than the first go around.

[Jen Canterbury 2]

Paul & Mallory, 

 

He is Nigeria, but currently living in Tbilisi Georgia 🇬🇪 is where we applied for the visa.