Help

[shellimae 0]

I am total new to this I have been online with my man in Nigeria for 13 months just got my passport was planning on going there and marry there but not sure if that will help or not or should I just visit and come back and start K-1 form so confused ?

[Just Paul 4,595]

Don't get married on the first visit.  Make a few trips and see how it goes.

[payxibka 10,047]

Lagos is one of the most difficult consulates.  Significant face time is highly recommended.   Many one-timers get denied and have to try again.   

 

As an aside, Nigeria has a non covid related travel ban on future immigrants that you need to be aware of. 

Edited July 21, 2020 by payxibka

[shellimae 0]

So your saying visit visit visit and I am ban from going there at this time correct?

[JFH 12,191]

27 minutes ago, shellimae said:

So your saying visit visit visit and I am ban from going there at this time correct?

No you are not banned from going there but your future spouse is under a ban for coming here. Immigrant visas are not being issued in Nigeria at the moment due to the Executive Order banning immigration from certain countries considered to be “high security risk”. 

[Mr & Mrs O 11]

I thought that yeah even though there is the ban - the CO at the time of the interview can approve on a waiver if they feel the applicant meets qualification. There have been a few that have been granted a waiver before COVID 

[Mr & Mrs O 11]

1 hour ago, JFH said:

No you are not banned from going there but your future spouse is under a ban for coming here. Immigrant visas are not being issued in Nigeria at the moment due to the Executive Order banning immigration from certain countries considered to be “high security risk”. 

As a spouse, the applicant may still be approved for their immigration spousal visa. 

There is a waiver that is automatically considered by the CO at the time of interview. 
 

There have been quite several that have been approved on waivers after the EO / ban went into effect before COVID .

 

See the following: 

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled

 

 

Waivers of PP 9645 and PP 9983 

 

An applicant who is subject to either P.P. 9645 or P.P. 9983 and otherwise eligible for a visa, but who does not qualify for an exception, will be refused but is automatically considered for a waiver by the consular officer during the visa interview.  Each applicant’s eligibility for a waiver is evaluated on a case-by-case basis; waivers may not be granted categorically.  A waiver may be available if: 

 

d. the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;

[SalishSea 18,099]

20 hours ago, shellimae said:

I am total new to this I have been online with my man in Nigeria for 13 months just got my passport was planning on going there and marry there but not sure if that will help or not or should I just visit and come back and start K-1 form so confused ?

For him to actually receive either a spousal or fiance visa to the United States, the amount of time spent in person will be heavily considered.  In other words, one visit (or marrying on 1st and only visit) is not recommended if you want him to be able to immigrate.

[bobjennyhitched 99]

20 hours ago, shellimae said:

I am total new to this I have been online with my man in Nigeria for 13 months just got my passport was planning on going there and marry there but not sure if that will help or not or should I just visit and come back and start K-1 form so confused ?

A few points,  I think the other members have mentioned:

 

- You can't get married then file a K1

- If married, you apply for a CR1 or IR1 (if longer than two years)

- Nigeria is under a type of immigration ban, here are some links.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled

https://www.whitehouse.gov/presidential-actions/proclamation-improving-enhanced-vetting-capabilities-processes-detecting-attempted-entry/

https://justiceforimmigrants.org/what-we-are-working-on/refugees/questions-and-answers-concerning-proclamation-9983/

 

You may want to seek advice from the embassies or an immigration lawyer due to your partners nationality. I wish you the best of luck.

Edited July 22, 2020 by jennywhite421
added IR1

[bobjennyhitched 99]

18 hours ago, Mr & Mrs O said:

As a spouse, the applicant may still be approved for their immigration spousal visa. 

There is a waiver that is automatically considered by the CO at the time of interview. 
 

There have been quite several that have been approved on waivers after the EO / ban went into effect before COVID .

 

See the following: 

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled

 

 

Waivers of PP 9645 and PP 9983 

 

An applicant who is subject to either P.P. 9645 or P.P. 9983 and otherwise eligible for a visa, but who does not qualify for an exception, will be refused but is automatically considered for a waiver by the consular officer during the visa interview.  Each applicant’s eligibility for a waiver is evaluated on a case-by-case basis; waivers may not be granted categorically.  A waiver may be available if: 

 

d. the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;

This is good info for OP. It may help. I think it's going to be a long process for them unfortunately. 

[Mr & Mrs O 11]

I agree - definitely still a long & difficult  journey ahead for sure. Adding COVID into the mix also doesn’t help with consulates still not fully operational across the board 😕