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Ariesown

Does age and previous marriage matter?

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I'd suggest going the CR-1 (spousal) visa route over the K-1. The extra time together (to marry) would help, but the CR-1 process allows you to at least challenge a refusal and get the petition reaffirmed. With the K-1 route, if denied then you will be waiting extra weeks or months anyway to get a formal refusal, and months longer if you wait for the petition to be sent back and expire.

 

The CR-1 is superior here in nearly every way, and may end up being faster from start to visa in hand anyway. If not, it's only a couple months longer and still has all the extra benefits (can work & travel abroad right away, cheaper, green card upon arrival, etc.).

 

Just a suggestion...I really think that's a much better route in this case.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I saw something on another thread and thought it was appropriate here.

 

"It is a well-known fact that immigration distinguishes 4 types of countries:

 

1. low-fraud countries

2. medium-fraud countries

3. high-fraud countries

4. Nigeria" 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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4 minutes ago, JFH said:

I saw something on another thread and thought it was appropriate here.

 

"It is a well-known fact that immigration distinguishes 4 types of countries:

 

1. low-fraud countries

2. medium-fraud countries

3. high-fraud countries

4. Nigeria" 

OP, you may want to read through many of the current and past threads on the sub-saharan Africa board here at VJ.  You have an uphill battle facing you, particularly if you did any type of traditional engagement ceremony at the first visit where you got engaged.

 

There are certain consulates where a CR-1 is better suited, and Nigeria is one of them.  Best of luck, either way!

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As a us citizen who is married to a Nigerian and been through the process. .. i highly advise you to go for spousal visa and not your finance visa. Your odds are better.  I been married to my husband 5 yrs now, i married him on first visit that i stayed a month. .came back to USA for 4 months and returned until we left together in feb 2016. We are of the same age, have two children together,  in lived in naija for almost 2yrs with him and we still went through hell n back to finally end the process. Naija is a high alert country n you can thank your bros for that for marrying women the age to be grandma lol... we filed i130 ourselves, used attorney for visa part, n everything else we did ourselves. She deff needs to come more n longer stays,  lots of pics,  start saving cards ya'll give each other, print pics, pics with family n friends,  get her traditional wears done n pics showing her embracing your culture. .. but if any advice i give do not go for k1 n waste that time. ..9/10 it will be denied based on country alone.  N ppl don't know what they are talking about.. they can deny based on age if they feel is fraud relationship n do not have to explain reasoning why they made decision.  Good luck n prayers sent my brother 

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36 minutes ago, JFH said:

I saw something on another thread and thought it was appropriate here.

 

"It is a well-known fact that immigration distinguishes 4 types of countries:

 

1. low-fraud countries

2. medium-fraud countries

3. high-fraud countries

4. Nigeria" 

Out of curiosity, where does China fall on this spectrum?

Country: China

Visa: CR1 (DCF)

 

2015-06-30  Started dating

2018-02-27  Married

2018-06-08  I-130 filed via DCF

2018-06-12  I-130 Notice of Approval

2018-10-05  Submitted DS-260 online and supplemental documents via CITIC Bank

2018-10-10  DS-260 approved

2018-11-27  Medical exam

2018-12-03  Interview Passed

2018-12-04  Visa issued

2018-12-07  Visa packet and passport picked up from CITIC Bank

 

Future steps:

 

May 2019  Move to U.S.

 

 

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Filed: Other Country: Nigeria
Timeline
19 hours ago, Khallaf said:

if she is twice your age, your going to need a lot more visit and a lot more evidence, how long ago was the spouse visa?

 

you have a tough embassy and if the age difference is not within the cultural norm, your going to have a battle on your hands.

 

IMO I would recommend more visits, more pictures, more time spent together.

 

does your family accept the difference in age?

 

6 hours ago, Mr. Data said:

Out of curiosity, where does China fall on this spectrum?

 

6 hours ago, MRSDURU said:

As a us citizen who is married to a Nigerian and been through the process. .. i highly advise you to go for spousal visa and not your finance visa. Your odds are better.  I been married to my husband 5 yrs now, i married him on first visit that i stayed a month. .came back to USA for 4 months and returned until we left together in feb 2016. We are of the same age, have two children together,  in lived in naija for almost 2yrs with him and we still went through hell n back to finally end the process. Naija is a high alert country n you can thank your bros for that for marrying women the age to be grandma lol... we filed i130 ourselves, used attorney for visa part, n everything else we did ourselves. She deff needs to come more n longer stays,  lots of pics,  start saving cards ya'll give each other, print pics, pics with family n friends,  get her traditional wears done n pics showing her embracing your culture. .. but if any advice i give do not go for k1 n waste that time. ..9/10 it will be denied based on country alone.  N ppl don't know what they are talking about.. they can deny based on age if they feel is fraud relationship n do not have to explain reasoning why they made decision.  Good luck n prayers sent my brother 

 

7 hours ago, Jorgedig said:

OP, you may want to read through many of the current and past threads on the sub-saharan Africa board here at VJ.  You have an uphill battle facing you, particularly if you did any type of traditional engagement ceremony at the first visit where you got engaged.

 

There are certain consulates where a CR-1 is better suited, and Nigeria is one of them.  Best of luck, either way!

 

8 hours ago, geowrian said:

I'd suggest going the CR-1 (spousal) visa route over the K-1. The extra time together (to marry) would help, but the CR-1 process allows you to at least challenge a refusal and get the petition reaffirmed. With the K-1 route, if denied then you will be waiting extra weeks or months anyway to get a formal refusal, and months longer if you wait for the petition to be sent back and expire.

 

The CR-1 is superior here in nearly every way, and may end up being faster from start to visa in hand anyway. If not, it's only a couple months longer and still has all the extra benefits (can work & travel abroad right away, cheaper, green card upon arrival, etc.).

 

Just a suggestion...I really think that's a much better route in this case.

 

8 hours ago, dwheels76 said:

Why risk denial. Why not make the odds better in your favor. That's what you came to ask us. K1 especially for a older/ younger pairing to a CO can look like you aren't commented since no guarantee you will marry after you arrive.

 

At least with a I-130 petition you have recourse to get reaffirmed if denied.

 

I came through Lagos. I am 26 years older than my husband. My previous husband also was Nigerian. See the Red Flags flying. And we knew it so guess what I moved there and lived for 6 months from approval at USCIS till Visa in hand. That overcame the red flags and we had no issues at interview.

 

You have to consider why fiance' route is it the best for your situation? Are you prepared to sit and not work for 4 to 8 months. Spousal route you can work soon as you arrive.

 

I strongly suggest another visit marry and file.

Thanks for your response everyone. I really do appreciate your time. 

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Filed: Citizen (pnd) Country: Nigeria
Timeline

@Ariesown go visit, get married, go visit, go visit and go visit as much as you can..I am 10 years older than my husband, but we knew what needed to be done if we wanted to be together and that was plenty of facetime and other quality evidence to prove a bonafide relationship being that Nigeria is a high fraud country..We went with the CR1 which I would advise anyone to do who has a spouse in Nigeria or any other high fraud country for that matter..However, we didn't get married until my second visit, but to each it's own..Wishing you the best on your journey!

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I would be just as or more worried about the previous marriage to someone else from Nigeria as I would be the age gap. One visit is going to be problematic....

Finally done...

 

 

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Filed: Other Country: Nigeria
Timeline
19 hours ago, OlayemiLoray said:

@Ariesown go visit, get married, go visit, go visit and go visit as much as you can..I am 10 years older than my husband, but we knew what needed to be done if we wanted to be together and that was plenty of facetime and other quality evidence to prove a bonafide relationship being that Nigeria is a high fraud country..We went with the CR1 which I would advise anyone to do who has a spouse in Nigeria or any other high fraud country for that matter..However, we didn't get married until my second visit, but to each it's own..Wishing you the best on your journey!

Thank you. I'm planning to visit. If it doesn't work out then we'll get married here and file the CR1

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