I-129F Denied at USCIS What Are My Options?

[Crazy Cat 42,062]

 

11 hours ago, Boiler said:

We know how it occurred, he applied for a B and stated he was married.

 

I do not think I have come across a situation where it was disclosed when filing, all the ones I can think of came up at the Consulate.

 

 

Same here.  So, if USCIS says the reason for denial is misrep, then that opens the door to a waiver, right?  

 

[Boiler 45,939]

2 minutes ago, Lucky Cat said:

 

Same here.  So, if USCIS says the reason for denial is misrep, then that opens the door to a waiver, right?  

 

I do not think so, Misrep is determined by the Consulate. Speculation at the moment need to find out what USCIS said.

[Ifemi4835 38]

2 hours ago, nastra30 said:

How can one do a divorce at any court for a marriage that never existed? This just compounds the lies with more lies.

Honestly, best advice for op is to relocate to Nigeria instead so they can live together.

Common law marriages.. marriages under customary..traditional or local is a thing in Nigeria..so a divorce  can be filed properly at this level, a verifiable divorce decree can be created and accepted by immigration. Again lawyers here and abroad have sugguested this. Part of the problem is most bypass and get  fraudulent paperwork and the consulate has also caught on to this ...big time.

[PatLuvO 284]

15 hours ago, Cherilyn said:

My question is, are there really any viable options when my I-129F petition for K1 visa has been denied at the USCIS stage, other than, starting over with the K1 process, or, going into the K-3 spousal visa process? I am currently waiting for the notice to arrive in the mail from USCIS as to the reason for their denial and the options they say I have available to me to rectify this decision. Thank you for your feedback. 

Cherilyn

You should contact an immigration lawyer that has experience with Nigeria. It's possible to do spousal visa but you need a good lawyer to help you overcome the issues with the prior B1/B2 applications. Good luck. 

[Crazy Cat 42,062]

14 minutes ago, Ifemi4835 said:

Common law marriages.. marriages under customary..traditional or local is a thing in Nigeria..so a divorce  can be filed properly at this level, a verifiable divorce decree can be created and accepted by immigration. Again lawyers here and abroad have sugguested this. Part of the problem is most bypass and get  fraudulent paperwork and the consulate has also caught on to this ...big time.

In the OP's case, a marriage never took place.  It was a complete lie in order to get a tourist visa.  The OP's beneficiary can not prove he was never married, and he cannot provide marriage termination documents for a marriage which never took place.

[nastra30 2,323]

10 minutes ago, Ifemi4835 said:

Common law marriages.. marriages under customary..traditional or local is a thing in Nigeria..so a divorce  can be filed properly at this level, a verifiable divorce decree can be created and accepted by immigration. Again lawyers here and abroad have sugguested this. Part of the problem is most bypass and get  fraudulent paperwork and the consulate has also caught on to this ...big time.

 

Common law marriages are common in so many other places in the world including Ghana where I'm from. You and I know there was no marriage (common or not). And to get a divorce decree through any other means is another fraudulent lie on top of another lie. Just going to make the situation much much worse.

[Ifemi4835 38]

36 minutes ago, nastra30 said:

 

Common law marriages are common in so many other places in the world including Ghana where I'm from. You and I know there was no marriage (common or not). And to get a divorce decree through any other means is another fraudulent lie on top of another lie. Just going to make the situation much much worse.

Your coming across as if Im defending this and Im not...Im just telling you what I have witness too as Im around many women who are going thru this beyond Visa Journey...I didnt say they actually got married I said this is what lawyers here and abroad use as an option other than full disclosue to POSSIBLY  get around this..every case..outcome is different..some people have been instructed to use 601 waivers to over come this...And yes Im fully aware that Ghana and Nigeria are the most fraudulent countries in the world....so Im not condoning anything!

[Ifemi4835 38]

1 hour ago, Lucky Cat said:

In the OP's case, a marriage never took place.  It was a complete lie in order to get a tourist visa.  The OP's beneficiary can not prove he was never married, and he cannot provide marriage termination documents for a marriage which never took place.

I understand this...but Im stating for a fact that people have gotten around it...if the beneficiary was consistent with the facts like didnt mess up with name..date..etc which they probably wasnt..I do not know this...they could have said common law marriage...so no official paperwork but still file at a local court..show up in  front of a judge and ask for a divorce to be on file...I too thought no way to overcome but in SOME cases people have been allowed to file a proper divorce if they claim common..custom...tribal marriage where NO paperwork is file...people typically dont do divorces in Nigeria...this is not an issue until one meets an foreigner or marry in the US...there are some that do things by the book..and then there is this....also whats catching folks up is filing a div at the high court when no marriage existed or accessing fake documents via some scrupulous lawyer or agent..its a mess and it has indirectly impacted cases like mine where no prior visa..marriage..etc...was the issue just bona fide evidence because every marriage is now scrutinized...so Im def not giving anyone a pass!

Edited June 29, 2021 by Ifemi4835

[Ifemi4835 38]

1 hour ago, PatLuvO said:

You should contact an immigration lawyer that has experience with Nigeria. It's possible to do spousal visa but you need a good lawyer to help you overcome the issues with the prior B1/B2 applications. Good luck. 

This is all Im saying that some folks do overcome..its costly..etc..but thats the price you pay...The highest cost is still being straight denied across the board...I know someone using Jim Hacking now a prominent Immigration lawyer with this exact thing..they were denied K1..married..file I130 then at USCIS ineligible div decree came up..Hacking then advise them  to file it properly then remarry then refile a new I130...and they are doing exactly this.... the beneficiary was never married on paper...sooo when folks speak in absolute when not privy to ALL information...you never fully know if they are able to overcome or not thats what the Hackings in these immigration streets get paid the big bucks for.

[PatLuvO 284]

4 minutes ago, Ifemi4835 said:

This is all Im saying that some folks do overcome..its costly..etc..but thats the price you pay...The highest cost is still being straight denied across the board...I know someone using Jim Hacking now a prominent Immigration lawyer with this exact thing..they were denied K1..married..file I130 then at USCIS ineligible div decree came up..Hacking then advise them  to file it properly then remarry then refile a new I130...and they are doing exactly this.... the beneficiary was never married on paper...sooo when folks speak in absolute when not privy to ALL information...you never fully know if they are able to overcome or not thats what the Hackings in these immigration streets get paid the big bucks for.

With proper help it's possible but usually when it was lying on a previous tourist visa application the beneficiary has to come clean and admit to the lie. If the person was actually married but didn't file the divorce decree properly or follow the correct divorce process then they have to do it the correct way. Then remarry and file the spousal petition again. I just want to make it clear that a lie doesn't fix a lie. USCIS and embassies are getting better at spotting fraudulent documents and verification/background checks. People are now even being arrested after leaving the Lagos Consulate after presenting fraudulent documents during the interview.

[Crazy Cat 42,062]

3 minutes ago, PatLuvO said:

USCIS and embassies are getting better at spotting fraudulent documents and verification/background checks

Agree.  I seem to remember someone recently reporting that their I-485 was denied by USCIS because he had submitted a fake divorce decree.  

[Ifemi4835 38]

13 minutes ago, PatLuvO said:

With proper help it's possible but usually when it was lying on a previous tourist visa application the beneficiary has to come clean and admit to the lie. If the person was actually married but didn't file the divorce decree properly or follow the correct divorce process then they have to do it the correct way. Then remarry and file the spousal petition again. I just want to make it clear that a lie doesn't fix a lie. USCIS and embassies are getting better at spotting fraudulent documents and verification/background checks. People are now even being arrested after leaving the Lagos Consulate after presenting fraudulent documents during the interview.

I 100% agree with you full disclosure is best from the beginning...I work with a lot of women dating Nigerians and practically beg them to have these conversations asap regarding their men pasts...if they applied for ANY type of visa prior to save them this heartache....this situation is occuring here in the states from I130s thru the citizenships process....I know two wives who husbands are facing deportation over this...resources  within USCIS and DOS have been allocated to this because one too many came over on B1 B2..student viss and did not return...now visitor visas are pretty much off the table for the average Nigerian...and secondly the paperwork is just bad!! I agree a lie covering a lie is horrible but Im aware to my dismay that with money and a powerful attorney can legitimately fix certain cases....its not fair nor cool but it happens. 

Edited June 29, 2021 by Ifemi4835

[Ifemi4835 38]

5 hours ago, Sm1smom said:

@Ifemi4835

How do you get divorced from a marriage that never happened in the first place? That document can’t be legit and isn’t that another lie over the previous lie?

Yall are stating the obvious...Im saying it happens...

[Boiler 45,939]

I have seen a few of Hacking's YouTube videos and seems he has quite a few cases involving fraudulent documents.

 

Never seen him address this issue.

 

And if a Lawyer can resolve it would like to know how?

[Ifemi4835 38]

27 minutes ago, Ifemi4835 said:

You are stating the obvious...Im saying it happens...thats why so many folks have made it over.