Denied at Interview

[SusieQQQ 11,586]

7 hours ago, Villanelle said:

 

You will provide a marriage certificate as proof of there not being a previous/current marriage; as you needed to be single and able to be married in order to get a marriage certificate issued for you guys. A gov issuing you guys a marriage certificate (which is assumed to be done properly) means a gov was satisfied neither of you were married and all previous marriages were terminated. It supports the claim of marriage on the DS was a lie. 

 

If this approach were infallible, no-one would ever be able to commit bigamy, which clearly is not the case. I don’t think this is enough by itself.

 

4 hours ago, TennilleO said:

I had him investigated by two different sources once I realized the relationship was getting serious at two different periods of the relationship. I understood that even though we have a mutual friend which I trust and could verify what was factual that I still needed to protect myself because of the negative conversations that you hear about the country and fraud relationships/marriages.  During having both people check they verified that he wasn't married. I did know he applied and when he did for a vistors visa but didn't know the application said married. 

So what I am going off of is my investigators and not just he word that he isn't. 

I may not be fully knowledgeable about all this but I try not to be down right stupid either. 

It’s reassuring to hear that... we do see many sad stories. Trust but verify seems an eminently sensible approach in this type of relationship. 

[Villanelle 4,122]

5 hours ago, geowrian said:

Clearly there was a misrep. But how does USCIS or the CO know if it was on the first application or the second? If one assumes that it was on the second application, a repeat of the lie to get a marriage certificate seems likely/reasonable. That's why I don't personally put much faith in that either USCIS or a CO would treat the marriage certificate as evidence that the first application was actually the lie.

As such, it would again come back to having evidence of each statement being a lie, and meeting the burden imposed by the petition to show a legal and bonafide marriage would be quite difficult.

Well its always hard to say I lied before but now I am telling 100% the truth so you should believe me.  But the general concept of misrep waivers being an option means they do that. People are approved for misrep waivers all the time. That means the service determined they told a lie but dont automatically reject everything any anything else you ever send or claim as assumed to be fraudulent/lies. If that was the case there wouldnt be misrep waivers if they considered a person lying once to disqualify them from ever telling the truth..

 

So what can be shown to establish the claim of being married on the DS was a lie? Well theres your own statement. It has to be truthful and preferably backed up with evidence. It should provide the reasons for the lie and all the surrounding circumstances. He can provide a current marriage certificate that was issued appropriately based on him being single. He can provide tax documentation showing he was single. He can provide affidavits from friends and family stating he was not married at the time. He may have property records or leases showing him as sole owner or occupant. He may have sole bank accounts or investments. Perhaps even the background checks the petitioner did may be helpful..

 

None of those things in themselves can prove 100% it was a lie. They could all be fabricated based on lies themselves. And Im sure any evidence you send saying yes I lied but this is all true will be looked over very carefully for accuracy. 

[SalishSea 17,826]

Just now, Villanelle said:

He can provide a current marriage certificate that was issued appropriately based on him being single.

Except, as Geo said, there is generally no requirement to prove single status before marriage.  Any current marriage certificate would be issued based on him currently being married, without regard to him having ten wives, four divorces, confirmed bachelor, etc.

[TennilleO 117]

20 minutes ago, Jorgedig said:

Except, as Geo said, there is generally no requirement to prove single status before marriage.  Any current marriage certificate would be issued based on him currently being married, without regard to him having ten wives, four divorces, confirmed bachelor, etc.

They do confirm singleness because he has one

[SalishSea 17,826]

4 minutes ago, TennilleO said:

They do confirm singleness because he has one

He may have such a document from a local source, but there is no way to prove that someone hasn't married in a different location.

[SalishSea 17,826]

6 minutes ago, TennilleO said:

They do confirm singleness because he has one

My point was that to marry in many countries (including the entire US), there is no requirement to confirm singleness prior to marriage. 

[geowrian 22,337]

Main evidences should be items obtained before the second visa application...preferably before dating the fiancé. Anything after those periods could easily be blown off IMO, including the marriage certificate.

[SusieQQQ 11,586]

1 hour ago, Villanelle said:

 

 

So what can be shown to establish the claim of being married on the DS was a lie? Well theres your own statement. It has to be truthful and preferably backed up with evidence. It should provide the reasons for the lie and all the surrounding circumstances. He can provide a current marriage certificate that was issued appropriately based on him being single. He can provide tax documentation showing he was single. He can provide affidavits from friends and family stating he was not married at the time. He may have property records or leases showing him as sole owner or occupant. He may have sole bank accounts or investments. Perhaps even the background checks the petitioner did may be helpful..

 

None of those things in themselves can prove 100% it was a lie. They could all be fabricated based on lies themselves. And Im sure any evidence you send saying yes I lied but this is all true will be looked over very carefully for accuracy. 

I don’t know about Nigeria, but not every country has a “married filing” option for tax ...even assuming he had tax records... coming from another African country I can tell you very many people do not make the minimum income threshold for filing and have never filed an income tax return in their lives. Rental leases may also be way more vague than many other countries (especially less litigious countries than the US). (Other than when we were renting in college, we never had to stipulate the number of people occupying any place that we rented.) Many countries do not have joint bank accounts for spouses. Nigeria is a high fraud country so affidavits are pretty much worthless. Etc.  Bottom line is the expectation of the mere existence of supporting documents of singleness in the same way they might exist in the western world, is a stretch. As a simple example, the reciprocity pages on marriage certificates for Nigeria note “While customary marriages are legally binding, no registration or written record of the event is required by law.  As a result, documentation of customary marriages generally does not exist outside of photographs taken at the ceremony.”. (Another interesting snippet is “One notable difference between customary marriages and registry marriages: men who marry at a marriage registry are legally permitted to have only one wife. “)

It’s hard enough to prove a negative in a country where you need paperwork for everything, much less in a country where you don’t...

 

 

[Nitas_man 3,100]

On 12/11/2019 at 7:27 PM, TennilleO said:

Update: we discussed more details and ive spoken to an attorney. 

I was advised if I want to move forward that i would have to do exactly what everyone has suggested on this forum. The cr1 and the waiver so now I just need to decide how to proceed and if i move forward is this something we can do without an attorney or not.

Why are you the one chasing this down?
 

You cannot move forward until you have the name of the listed spouse on the previous application and the proof that those two people were never married.
 

Nobody attends a visa interview without being prepped on what is in the application, even if an agent fills it out.  
 

You need to speak slowly and use small words so that your fiance gets it:  No name for the waiver and no proof that neither of them were married and he isn’t going anywhere but sunny Nigeria while you move on.   Your waiver needs to clearly explain what happened “X claimed to be married to Y on an application for XYZ type of visa on date of ABC however these are the actual facts” or no matter what you file is DOA.

 

Your fiance is not coming 100% clean and frankly I don’t get why you are still pursuing this from this end but he needs to man up, own his problem, and get the facts to you and your attorney so that this can be fixed.

 

File a well-worded, factual, and detailed waiver with the I-130 petition and you might have a good chance of approval.  File a generic waiver - that petition is as dead as your wasted K1 case.

 

Edited December 14, 2019 by Nitas_man

[TennilleO 117]

23 minutes ago, Nitas_man said:

Why are you the one chasing this down?
 

You cannot move forward until you have the name of the listed spouse on the previous application and the proof that those two people were never married.
 

Nobody attends a visa interview without being prepped on what is in the application, even if an agent fills it out.  
 

You need to speak slowly and use small words so that your fiance gets it:  No name for the waiver and no proof that neither of them were married and he isn’t going anywhere but sunny Nigeria while you move on.   Your waiver needs to clearly explain what happened “X claimed to be married to Y on an application for XYZ type of visa on date of ABC however these are the actual facts” or no matter what you file is DOA.

 

Your fiance is not coming 100% clean and frankly I don’t get why you are still pursuing this from this end but he needs to man up, own his problem, and get the facts to you and your attorney so that this can be fixed.

 

File a well-worded, factual, and detailed waiver with the I-130 petition and you might have a good chance of approval.  File a generic waiver - that petition is as dead as your wasted K1 case.

 

You have made several assumptions here about what is or not being done. 

Also you assumed I haven't had a conversation to learn the info I needed.

 

I have a right to learn information for myself and do my research which my understanding is what this platform is for. Any major paperwork that has to be filled will be done on my end so yes I want to be will informed. 

 

I clearly have been researching and asking questions on how to do this the correct way so again you assume that I'm trying to file something generic.

 

If what you are looking for a details of the conversation we had after my initial questions so you can have answers is not necessary for me to disclose.

 

If you have any helpful advice I do welcome it but I clearly understand that all documents will need to factual or I wouldn't be here. Very last thing a relationship is a team and two people trying to do their leg work is better than just one.

 

[Boiler 45,484]

2 hours ago, Nitas_man said:

Why are you the one chasing this down?
 

You cannot move forward until you have the name of the listed spouse on the previous application and the proof that those two people were never married.
 

Nobody attends a visa interview without being prepped on what is in the application, even if an agent fills it out.  
 

You need to speak slowly and use small words so that your fiance gets it:  No name for the waiver and no proof that neither of them were married and he isn’t going anywhere but sunny Nigeria while you move on.   Your waiver needs to clearly explain what happened “X claimed to be married to Y on an application for XYZ type of visa on date of ABC however these are the actual facts” or no matter what you file is DOA.

 

Your fiance is not coming 100% clean and frankly I don’t get why you are still pursuing this from this end but he needs to man up, own his problem, and get the facts to you and your attorney so that this can be fixed.

 

File a well-worded, factual, and detailed waiver with the I-130 petition and you might have a good chance of approval.  File a generic waiver - that petition is as dead as your wasted K1 case.

 

How do you file a waiver with a I 130?

[Nitas_man 3,100]

3 hours ago, TennilleO said:

You have made several assumptions here about what is or not being done. 

Also you assumed I haven't had a conversation to learn the info I needed.

 

I have a right to learn information for myself and do my research which my understanding is what this platform is for. Any major paperwork that has to be filled will be done on my end so yes I want to be will informed. 

 

I clearly have been researching and asking questions on how to do this the correct way so again you assume that I'm trying to file something generic.

 

If what you are looking for a details of the conversation we had after my initial questions so you can have answers is not necessary for me to disclose.

 

If you have any helpful advice I do welcome it but I clearly understand that all documents will need to factual or I wouldn't be here. Very last thing a relationship is a team and two people trying to do their leg work is better than just one.

 

 

I’m pretty sure the details of your conversation are not necessary to determine what happened.  The purpose of the post was to evaluate the depth of the original misrep and stretching to see what it will be possible for you to do, other than enjoy married life in the Sunny Utopia of Nigeria.

 

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. 
 

1 hour ago, Boiler said:

How do you file a waiver with a I 130?

OP will have to disregard that one.  My bad.  Doesn’t apply here.

[dwheels76 5,468]

14 hours ago, TennilleO said:

They do confirm singleness because he has one

My first Nigerian husband had one to when he married his other wife while married to me. Singleness proved is a joke. How do you prove you aren't married. You can't. That's why it's not asked for or required in Nigeria cuz they know it's a joke.

[TennilleO 117]

Just now, dwheels76 said:

My first Nigerian husband had one to when he married his other wife while married to me. Singleness proved is a joke. How do you prove you aren't married. You can't. That's why it's not asked for or required in Nigeria cuz they know it's a joke.

I just know they offer it. Can't speak on the legitimacy

[dwheels76 5,468]

4 minutes ago, TennilleO said:

I just know they offer it. Can't speak on the legitimacy

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.