K1 visa denied

[Jen Canterbury 2]

Paul & Mallory, 

 

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

[payxibka 10,045]

31 minutes ago, Paul & Mallory said:

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.

What got them denied is inaccurate information which is ambiguous at best.  The 221g has been deleted so i don't remember the exact wording but it is a troublesome statement 

[Ben&Zian 4,397]

21 minutes ago, Jen Canterbury said:

Paul & Mallory, 

 

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

 

But he is a citizen of Nigeria still correct? The embassy takes this into account, and rightfully so. For instance, people from the Philippines have a hard time getting a tourist visa, they will have just as difficult a time in another country because of their citizenship. Just being in another country doesn't "bypass" the high fraud aspect from Nigeria. It isn't the embassies fault, it's the fault of all the others before who played the system. That's why things are so difficult for some countries. Again, more face time in person will help if you pursue a spousal visa, otherwise will probably result in same issue.

Edited March 7, 2019 by Ben&Zian

[Paul & Mallory 1,398]

11 minutes ago, payxibka said:

What got them denied is inaccurate information which is ambiguous at best.  The 221g has been deleted so i don't remember the exact wording but it is a troublesome statement 

I must have missed that before it got deleted. The age gap, given the high fraud country, may have still played a factor.

[Ben&Zian 4,397]

Just to note, a lot of people try to get to another country legally to then gain access to the US. Not implying or saying this is the case here, but the embassies are aware of this tactic. Thinking it is easier from another country.

 

Been people here on VJ who have asked exact question even about if it would improve their chances or not. 

Edited March 7, 2019 by Ben&Zian

[payxibka 10,045]

Just now, Paul & Mallory said:

I must have missed that before it got deleted. The age gap, given the high fraud country, may have still played a factor.

No doubt as I am sure it is well known across the consulate world about Lagos

[Jeanne Adil 1,651]

11 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.

The embassies see it all

Actually the process with the 3 steps is meant to protect you,  the immigrant  and the US

Don't think they don't care   / there are too many green card hunters who , as said above,  marry a USC,  get here and divorce after receiving green card and the USC can do nothing 

they also see things that the immigrant does not know about the USC that they are not allowed to disclose but a red flag is noted

 

we have a big age difference and from a high fraud country

you can overcome this with a marriage,  new application but you must find out what the inaccurate information is

inaccurate info can be anything from a date difference on birth certificate to a huge discrepancy the CO thinks is an outright lie

U really do need to find out what it is as that statement from a CO will follow any further application 

you have to ask him outright "what did the CO say?"   "tell me everything"

 

At all times we (petitioner and beneficary)  have to be completely honest with immigration / and this is not a judgement call on you or him as the mistake could be small

but they will want to know in any further interviews if he told you that issue

and you need to address it in your cover letter for the CR1 application/ that is how they will know if and when he told you

 

sorry i have rambled 

but our process took a total of 6 years and we are married 9 now

it is not an easy process and it shouldn't be

it is also not a cheap process and you need to know this

 

you can address the age issue /  i did

write a personal note to me if you want to know what i said

 

[msrodriguez 267]

19 hours ago, Ben&Zian said:

 

That probably is main reason. Large age gaps with the female USC being older, and it not being a normal thing in the beneficiaries country is a red flag.

 

How many times did you visit him and how long each trip? With any red flags, more time spent in person is essential for success.

Oh god.. now I am freaking out. 😨

[payxibka 10,045]

6 minutes ago, msrodriguez said:

Oh god.. now I am freaking out. 😨

Why?

[dwheels76 5,466]

19 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?

In my opinion this was the issue. A long relationship. With short visits and only a K1. It makes the CO's think there is no commitment. Because of the age gap it makes it seem even more suspect. 

To be in a relationship for the last 15 years and no marriage you got to ask WHY haven't you gotten married it would have been so much easier.

 

If they told him they are returning the petition then get married and file a I-130 petition takes 12 to 15 months.

 

Remember it's the totality of all the evidence and your evidence was very week.

 

I am 26 years older then my husband and age wasn't an issue. But I went and married him stayed 3 weeks then after USCIS approval 5 months later I moved there and stayed 6 months until he had his visa. That's how you overcome Big Red Flags.

 

Getting married will show them that you are real and mean business. Many just give up and break up. Show them you are real get married then file a I-130.

 

Also why do you have FB-1 ion your profile. Can you please update so people know the correct petition that was filed.

[msrodriguez 267]

Just now, payxibka said:

Why?

Because I am 39 and he is 25. 

[dwheels76 5,466]

2 minutes ago, msrodriguez said:

Because I am 39 and he is 25. 

That's nothing you will be fine. I know a few from DR with way bigger that had no issues.

[payxibka 10,045]

2 minutes ago, msrodriguez said:

Because I am 39 and he is 25. 

No proof that age difference was the reason for the denial as that is all conjecture.  Your fact pattern does not match the OP's.  Particularly of difference is the culture of the applicant and the interviewing consulate

[Jen Canterbury 2]

Don’t you will be one of the lucky ones and get i, keep a positive attitude.🙏🏽🙏🏽 I really don’t think it’s the age but something he said.

[payxibka 10,045]

1 minute ago, Jen Canterbury said:

Don’t you will be one of the lucky ones and get i, keep a positive attitude.🙏🏽🙏🏽 I really don’t think it’s the age but something he said.

I would agree as if it was "age" played in the reason would more likely have been a "lack of a bonafide relationship" versus innacuracies