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

[Ifemi4835 38]

1 minute ago, Boiler said:

Remember the Consulate in Lagos has seen it all, heard it all.

Agreed.

[Boiler 45,940]

3 minutes ago, Ifemi4835 said:

I wont argue there...but Nigeria isnt the only country...honestly...they just happen to bring attention themselves by defaulting on these B1 B2 visas amongst other things 

I have seen other Consulates but they seem to be the exception.

 

Mind you we no doubt only see the tip of the iceberg.

 

There has been mention of a closed Facebook group.

[Ifemi4835 38]

19 minutes ago, Boiler said:

I have seen other Consulates but they seem to be the exception.

 

Mind you we no doubt only see the tip of the iceberg.

 

There has been mention of a closed Facebook group.

No doubt Nigeria is one of the highest offender...my heart is with the petitioner as Im one myself..thankfully not in this situation but I know so many women impacted by this...and before giving them no hope at all I rather they get consultation from an experienced Attorney who  has seen it all. I also like to help folks take preventive measures so they dont go thru this or to make sure they not being used. So by no means am I condoning any of this at all but I have learned alot and the fact that some actually try to work thru this still with the help of attorney depending on their situation and not report it back to VJ happens...many dont even use this platform properly or if  at all.

Edited June 29, 2021 by Ifemi4835

[Boiler 45,940]

All I know is what I see on here, and an odd mention I have seen on YouTube.

 

That may or may not be representative.

 

I can not think of any other issue which is so common and there is not a good answer to.

[Ryan H 3,821]

Moved from Progress Reports to Process & Procedures.

[carmel34 3,650]

19 hours ago, Ifemi4835 said:

This was disclose to me by the person actually using him...he is not advocate by all means...but I guess in her particular situation he advise her to properly have her guy file another divorce decree, remarry and then refile I130..in their case the guy claimed married..said he used an agent to file divorce and it was bad paperwork unbeknownst to him...I dont know if he was legitimately married or not but this is what Hacking advised them to do. There is no outcome as of yet as this is fresh...so I cant speak to the sucessfulness of this advice.

So the only similar case you know about is still in process via Hacking... no outcome to report on yet?  It will likely take a very long time to play out, and if he "claimed married," the second divorce decree can only be fake as he was never married, so the outcome is likely to be a denial since Lagos knows this game.  We've seen countless cases like this one here on VJ, without a single one reporting back that they were able to overcome the misrepresentation on the B2 application as it is material in trying to gain a tourist visa.  Even though a waiver for misrepresentation can be made available at the discretion of the officer, I have not seen one successful case via this route in three years on VJ.

[Limey 551]

Few issues here:

1) Nigeria is a notorious for fraud - lots of face to face time is recommended

2) I'm assuming the previous DS160s where it was claimed he was married were not accidental, but deliberate misrepresentations (I assume they were made in the belief that a married man who has a wife to return to in Nigeria is less likely to overstay a US tourist visa)

3) As OP states, its very difficult to prove you're not married, which is a prerequisite for a K1.

4) If the original DS160s were fraudulently filed that makes any form of US immigration very difficult

5) The fact that there have apparently been several unsuccessful attempts at a B visa, and now USCIS is being presented with a K1 application - its a big barrier to cross to convince USCIS that this is a genuine relationship from the immigrant's side, and not another attempt to get into the US.

The mantra here has always been that its better to be denied entry/visa for telling the truth than to be denied for lying.

[Ife2020 37]

On 6/28/2021 at 8:26 PM, Cherilyn said:

How could we provide evidence of marriages that never took place and have never existed?

That makes him look like a scammer in their eyes. Either he’s married, and not eligible to marry you. OR he lied on previous applications to get approved..which is FRAUD.

 

 

[LEISEROM 32]

Its not just Nigeria. A friend of mine knew some one when he worked in Kuwait. she is from China. She came to the usa on a B2 visa in 2017. The agency listed her as married when she wasnt. She signed the application.  In 2018 she used same visa to attempt to come to Houston to visit him. She was detained at SFO airport and interrogated about purpose of trip. Her tourist visa was cancelled and she was basically sent home. He went to China and married her. He filed for CR1 visa. At her interview last year in China she was denied a visa due to fraudulent misrepresentation. He still has not filed a waiver. I have no idea what he is going to do.

[John & Rose 7,239]

If he was denied for using marriage as a way to achieve an immigration benefit that ship has sailed. His options are showing a legal end to a non existent marriage and admitting visa fraud at the same time. I’ve personally seen this 3 or 4 times and there is no resolution. Getting married won’t work as they marriage would be considered void due to the precious fake marriage. I’m all cases their only option was to move and live in the beneficiary’s country. Most were just hoping for a 10 year bar but immigration, in all cases, required the official court signed dissolution of marriage which obviously was impossible. 

[John & Rose 7,239]

8 minutes ago, LEISEROM said:

Its not just Nigeria. A friend of mine knew some one when he worked in Kuwait. she is from China. She came to the usa on a B2 visa in 2017. The agency listed her as married when she wasnt. She signed the application.  In 2018 she used same visa to attempt to come to Houston to visit him. She was detained at SFO airport and interrogated about purpose of trip. Her tourist visa was cancelled and she was basically sent home. He went to China and married her. He filed for CR1 visa. At her interview last year in China she was denied a visa due to fraudulent misrepresentation. He still has not filed a waiver. I have no idea what he is going to do.

In all cases I’ve seen, immigration is not very sympathetic. Even if a third party agency made the mistake, the beneficiary signed the form stating it was correct. 

[Redibs 2]

Your fiancé would have to provide a non impediment certificate.. but in USCIS’s eyes, your fiancé lied on previous applications and that’s a big thing for them! The same thing happened to someone that I know and even after getting married, it took him over 8 years to get a visa to enter the States…

[LEISEROM 32]

1 hour ago, John & Rose said:

In all cases I’ve seen, immigration is not very sympathetic. Even if a third party agency made the mistake, the beneficiary signed the form stating it was correct. 

Very true. My niece is a US Diplomatic Officer who was the US Consul General in Johannesburg for a year. She is now the DCM in Pretoria. Like she said they have heard it all and seen it all. One cannot BS these people

[John & Rose 7,239]

6 minutes ago, LEISEROM said:

Very true. My niece is a US Diplomatic Officer who was the US Consul General in Johannesburg for a year. She is now the DCM in Pretoria. Like she said they have heard it all and seen it all. One cannot BS these people

And they should not try. Whoever believes that committing fraud to attempt to gain an immigration benefit is something that would ever be laughed off by immigration officials needs a serious rethinking of their priorities. 
 

in most cases I’ve heard of, either the agency or the beneficiary believe that saying you are married will make your immigration case stronger by proving stronger ties. They don’t consider the big picture. Those forms NEVER go away. 

[John & Rose 7,239]

35 minutes ago, Redibs said:

Your fiancé would have to provide a non impediment certificate.. but in USCIS’s eyes, your fiancé lied on previous applications and that’s a big thing for them! The same thing happened to someone that I know and even after getting married, it took him over 8 years to get a visa to enter the States…

What I’ve seen is no matter what the beneficiary can show, the ONLY paperwork the Embassy will consider is the court signed dissolution of marriage. That is really a smart move on the embassy’s side. They don’t need to argue or listen to the stories. Present the legal dissolution of marriage or be denied. Sometimes government works. I have yet to hear of a single case they got away with this. Not one. 

Edited July 5, 2021 by John & Rose