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TennilleO

Denied at Interview

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Filed: K-1 Visa Country: Nigeria
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4 minutes ago, dwheels76 said:

I get ya. I know many wives who get it in Nigeria. Which is funny to go to anther country and get a certificate of singlehood (bachelorette) like how would they know.

Good luck on your refiling.

Thank you

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Filed: K-1 Visa Country: Nigeria
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Received an email from the Embassy stating the denial was because the CO was not convinced of a bona fide relationship.  So is this because of a misrep or not having enough proof? I would have thought it would state the misrep not this. 

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Filed: K-1 Visa Country: Wales
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A Misrep charge would allow a waiver, this does not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
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On 12/14/2019 at 12:09 PM, Nitas_man said:

I do have helpful advice.  Drop this and move on or plan to move to be with him. Your chances of successfully proving irreparable harm to yourself, the USC, if someone who will be viewed as “married if it helps me get a visa but not married if it helps me get a visa” cannot join you in the US are very low. 

yeah i would be skeptical if this never came up during the whole beginning of the relationship, prior to making the relationship more serious + filing.

Edited by kumbaya
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Filed: K-1 Visa Country: Nigeria
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27 minutes ago, Boiler said:

A Misrep charge would allow a waiver, this does not.

Thats were i was confused because this isn't what they told him but this was there response of why it was denied. So i didn't know if thats the way they are wording the misrep

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1 minute ago, TennilleO said:

Thats were i was confused because this isn't what they told him but this was there response of why it was denied. So i didn't know if thats the way they are wording the misrep

Misrep would only come into play after being determined otherwise eligible for the visa. He was not.

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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Filed: K-1 Visa Country: Nigeria
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8 minutes ago, geowrian said:

Misrep would only come into play after being determined otherwise eligible for the visa. He was not.

So until then it's considered not a bona fide relationship ?

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Filed: K-1 Visa Country: Wales
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9 minutes ago, TennilleO said:

So until then it's considered not a bona fide relationship ?

Applying to sponsor someone for a K1 who is married could well fall into that description.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not a bona fide relationship falls into the “petition is invalid” criteria. This could be due to lack of showing a real relationship or it could be due to other conditions that make the fiancé/fiancée relationship invalid (like not being free to marry).

 

That said, I do find it a bit curious that they only mentioned lack of a bona fide relationship as similar cases I thought they used the free to marry language more explicitly. But don’t read too much into that either.

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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Filed: K-1 Visa Country: Nigeria
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3 minutes ago, geowrian said:

Not a bona fide relationship falls into the “petition is invalid” criteria. This could be due to lack of showing a real relationship or it could be due to other conditions that make the fiancé/fiancée relationship invalid (like not being free to marry).

 

That said, I do find it a bit curious that they only mentioned lack of a bona fide relationship as similar cases I thought they used the free to marry language more explicitly. But don’t read too much into that either.

I thought they would say that as well. Just making sure its the same issue and not anything different.

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  • 1 month later...
Filed: K-1 Visa Country: Nigeria
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Update: Received a email from USCIS saying that have our packet back and they will review it. Is this a standard email?  If not do we need to wait on doing the CR1? 

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Filed: K-1 Visa Country: Wales
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34 minutes ago, TennilleO said:

Update: Received a email from USCIS saying that have our packet back and they will review it. Is this a standard email?  If not do we need to wait on doing the CR1? 

Sounds normal, you can marry at any time. Obviously need to do that before filing a CR1.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 4 weeks later...
Filed: K-1 Visa Country: Nigeria
Timeline
1 hour ago, In4theJourney said:

Any updates? Intrigued 

Case sent back to the states and case was updated in January but still says refused. 

They said its still a chance the USCIS can re-approve and send it back to to the NVC and then the conaulate.

Now there is a ban so im not sure how things are now since we wanted to just go ahead with the CR1.

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