Against the Odds

[Treasure1 243]

@CoriandPhilemon please don't over think this process, Lagos embassy is not as hard and evil as people portray it to be,  they've never gone through there before, trust me the rate of approval there is so high,  so many people I follow in a forum even got approved after just one meeting, some even spent less that 8 days together and were approved as well.  You can go through https://www.nairaland.com/4800968/usa-fiancee-k1-visa-thread where almost all k1 applicants in Nigeria discuss and share their experince, please take your time and go through the forum's link I posted from the first to the last page then you'll realize there's no need to press the panic button,  I wish you the best in your journey. 

[Sparkle Sparkle 914]

14 hours ago, CoriandPhilemon said:

I don’t want to set us up for another heartbreaking denial

@CoriandPhilemon First things first...You should put together that package and send it off.

I understand your worries as my cousin is engaged to a Nigerian and she is basically in the same shoes as you are. Yes Nigeria is a high fraud country and K1's in particular can be tough in Nigeria but thats not to say its not being issued. Like I told her the key lies in checking all the box and proving overwhelmingly that you both in a genuine relationship. You mentioned that you dont want to set up for another denial , what do you mean?....have you filed for him before? ...The other thing as it has been mentioned multiple times already is that 8 days is not enough....you both need to meet again. i understand its expensive but you have to and this time spend more time together...you have to continuously prove that your relationship did not end with submitting your I-129f .   Goodluck

[Quarknase 1,072]

4 hours ago, HRQX said:

ost Immigrant Visas are banned for Nigerian nationals: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html OP's fiance is applying for K-1 visa which isn't banned because it's a Nonimmigrant Visa.

Edited 3 hours ago by HRQX

 

3 hours ago, Sparkle Sparkle said:

Not all visas are on ban, only immigrant visas

Thank you for the correction. I remembered a discussion around this in the past around the good old dual intent of the K1 but can’t find it. No wonder with all the current bans  Do we have confirmation that K1’s have indeed been processed since the ban went into effect?

[HRQX 4,145]

26 minutes ago, Quarknase said:

Do we have confirmation that K1’s have indeed been processed since the ban went into effect?

Presidential Proclamation 9983 is very clear: "The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended." Also:

And Nigerian K-1 statistics were consistent until the worldwide suspension of routine visa services in mid-March:

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MARCH 2020 - NIV Issuances by Nationality and Visa Class.pdf

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/FEBRUARY 2020 - NIV Issuances by Nationality and Visa Class.pdf

Edited June 22, 2020 by HRQX

[SalishSea 17,839]

4 hours ago, Sparkle Sparkle said:

First things first...You should put together that package and send it off.

With an 8 day visit?  I don't recommend doing that. Part of front-loading petitions for a consulate such as Lagos is demonstrating lots of evidence of the relationship, and the very best form of that is evidence of time spent together.

[geowrian 22,337]

4 hours ago, HRQX said:

Presidential Proclamation 9983 is very clear: "The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended." Also:

And Nigerian K-1 statistics were consistent until the worldwide suspension of routine visa services in mid-March:

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MARCH 2020 - NIV Issuances by Nationality and Visa Class.pdf

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/FEBRUARY 2020 - NIV Issuances by Nationality and Visa Class.pdf

And the FAM: https://fam.state.gov/FAM/09FAM/09FAM030214.html

Quote

K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued.

 

[CoriandPhilemon 9]

11 hours ago, Allaboutwaiting said:

Another denial? Do you mean this is not the first time you petition your fiancé? 

If that's the case, your best approach is: meet again, get married and file for a spousal visa.

Last time (November of 19) we applied for a visitor visa. As soon as they discovered his occupation (teacher) he was denied and sent away. It seems the spousal visa will be our next step if this doesn’t work. 

[CoriandPhilemon 9]

If we have a denied visitor visa and K-1 visa on our file and then apply for a CR-1.. will that work against us? It seems the determination should do us a favor but none of this seems logical. 🤷🏼‍♀️

[CoriandPhilemon 9]

8 hours ago, Sparkle Sparkle said:

@CoriandPhilemon First things first...You should put together that package and send it off.

I understand your worries as my cousin is engaged to a Nigerian and she is basically in the same shoes as you are. Yes Nigeria is a high fraud country and K1's in particular can be tough in Nigeria but thats not to say its not being issued. Like I told her the key lies in checking all the box and proving overwhelmingly that you both in a genuine relationship. You mentioned that you dont want to set up for another denial , what do you mean?....have you filed for him before? ...The other thing as it has been mentioned multiple times already is that 8 days is not enough....you both need to meet again. i understand its expensive but you have to and this time spend more time together...you have to continuously prove that your relationship did not end with submitting your I-129f .   Goodluck

Yes, we filed for a visitor visa in November of 19 and were denied without a clear explanation, though in hindsight we see a lot of mistakes we made. 
thank you for the concise advice. We are definitely determined, just feeling a bit waterlogged. Thank you for keeping abreast of our story. Everyone’s encouragement is just what we need ♥️

[geowrian 22,337]

16 minutes ago, CoriandPhilemon said:

If we have a denied visitor visa and K-1 visa on our file and then apply for a CR-1.. will that work against us? It seems the determination should do us a favor but none of this seems logical. 🤷🏼‍♀️

A refused tourist visa does not hurt a K-1 or CR-1 visa (unless one were to lie on the application or in the interview).

A refused K-1 does not necessarily impact a CR-1 visa either, although the reason for the refusal may be telling (if a K-1 was refused due to lack of a bona fide relationship, just getting married is unlikely to fix that w/o actually spending more time together).

 

If worried about a refusal of a K-1, I suggest going the CR-1 route. A refused K-1 is sent back to the US to die. A refused CR-1 has the petition sent back to the US and can be reaffirmed with sufficient evidence. A reaffirmed case is not supposed to be refused again for the same reason using the same evidence.

 

7 minutes ago, CoriandPhilemon said:

Yes, we filed for a visitor visa in November of 19 and were denied without a clear explanation, though in hindsight we see a lot of mistakes we made. 

They had to provide a reason...presumably INA 214(b): insufficient ties to return home (immigrant intent).

That is as clear as they will get. There is no single factor that makes or break an immigrant intent determination. It is a judgement call based by the CO.

[Allaboutwaiting 2,503]

1 hour ago, CoriandPhilemon said:

If we have a denied visitor visa and K-1 visa on our file and then apply for a CR-1.. will that work against us?

Not at all, unless as mentioned in the previous post, the issues that caused refusal are not fixed for later filings.

Which stage of the process are you at? Awaiting for approval from USCIS, case at NVC?

Edited June 22, 2020 by Allaboutwaiting

[Just Paul 4,595]

I think you should consider doing another trip to be with him and get married.  File for a spousal visa and do another visit prior to his interview.  You certainly can file today for a fiance visa and get approved.  The issue is when it comes to the interview and with Nigeria being very difficult. If you are refused you will have to start all over where with a spousal it can get re-affirmed by the US and sent back to the consulate.  Within a year hopefully Nigeria will get its act together and get out from under the Immigrant Visa Ban they earned.

[CoriandPhilemon 9]

6 hours ago, Allaboutwaiting said:

Not at all, unless as mentioned in the previous post, the issues that caused refusal are not fixed for later filings.

Which stage of the process are you at? Awaiting for approval from USCIS, case at NVC?

We have yet to mail off our I-129F packet. It’s nearly done we’re just making sure it’s perfect and trying to get the timing right. Covid has us all in a waiting pattern. 

[Allaboutwaiting 2,503]

48 minutes ago, CoriandPhilemon said:

We have yet to mail off our I-129F packet. It’s nearly done we’re just making sure it’s perfect and trying to get the timing right. Covid has us all in a waiting pattern. 

I perfectly understand your concerns. 

As you already know, the whole K1 visa process goes through two stages: petition approval by the USCIS and visa approval by the embassy/consulate. 

It is at the embassy/consulate level that applicants from certain countries face the strictest scrutiny. My suggestion is visiting him again after you file -the longer, the better- in order to have stronger evidence for your fiancé to present during interview. 

[SalishSea 17,839]

13 hours ago, CoriandPhilemon said:

Yes, we filed for a visitor visa in November of 19 and were denied without a clear explanation, though in hindsight we see a lot of mistakes we made. 
thank you for the concise advice. We are definitely determined, just feeling a bit waterlogged. Thank you for keeping abreast of our story. Everyone’s encouragement is just what we need ♥️

Young Nigerian males routinely receive B visa denials...