K1 visa interview [merged threads]

[lukeno2007 6]

Hi everyone. Please will like to know if it is advisable for my fiancee,who seeked asylum in Europe, but was denied many years ago but still lives there (9yrs) to be exact, go back to his home country for the the interview for k1 visa. We've met once and filed got NOA1. Is there any risk for denial? Home country is Nigeria. 

[Rocio0010 5,579]

How did he stay if asylum was denied?

He left Nigeria and seemed for asylum because (presumably) his life was at risk. And now he wants to go back? 
Mmmmh, interesting… it is likely he said his life was in danger back home. Now if he goes there, the issue doesn’t seem too serious…

[lukeno2007 6]

I believe seeking doesn't guarantee you getting approval for asylum,it is to the description of the host country if the situation is deem dangerous enough ,which was the case with all the evidences one provides. So the question is since he doesn't have legal status where he is to do the interview at the U.S embassy.  What options  are there to use?  The denial was in 2016.

[JeanneAdil 6,491]

He can return to Nigeria for the interview 

how he will get the needed criminal report from this European country will be interesting as he is not there legally

 

He will be asked for criminal reports from Nigeria and this European country 

Good luck on that one

 

[Redro 4,611]

1 hour ago, lukeno2007 said:

I believe seeking doesn't guarantee you getting approval for asylum,it is to the description of the host country if the situation is deem dangerous enough ,which was the case with all the evidences one provides. So the question is since he doesn't have legal status where he is to do the interview at the U.S embassy.  What options  are there to use?  The denial was in 2016.

Which country is he currently in? 

You need to check if he can obtain a police certificate. 

Some countries will only give PCCs to people who had some sort of official residence. 

Other countries will give PCCs to overstays.

Your partner's visa will be refused until he provides the PCC from the European country. So, you should make it is available. 

 

[Boiler 45,467]

Certainly an interesting case, please keep us updated.

[mari04 100]

Let me guess: He is Nigerian male in his 20s - early 30s. He came to EU on tourist visa and immediately applied for asylum. You are US citizen female, at least 10 years older than him. Met online. Probably, he reached out to you on Facebook or Instagram, saying how beautiful you are. You visited him in Europe for 1-2 weeks and he immediately proposed to you. If this is true - RUN.

[centric23 95]

30 minutes ago, mari04 said:

Let me guess: He is Nigerian male in his 20s - early 30s. He came to EU on tourist visa and immediately applied for asylum. You are US citizen female, at least 10 years older than him. Met online. Probably, he reached out to you on Facebook or Instagram, saying how beautiful you are. You visited him in Europe for 1-2 weeks and he immediately proposed to you. If this is true - RUN.

Not every Nigerian is using people for visa. Please stop spreading this false narrative. There's so much negativity against Nigerians on this site.

[Boiler 45,467]

21 minutes ago, centric23 said:

Not every Nigerian is using people for visa. Please stop spreading this false narrative. There's so much negativity against Nigerians on this site.

There is a very busy thread at the moment.
 

Detained at Customs

[mari04 100]

1 hour ago, centric23 said:

Not every Nigerian is using people for visa. Please stop spreading this false narrative. There's so much negativity against Nigerians on this site.

Of course this is true. If the pattern identical to what I described above, it is 100% . No exceptions.  I am trying to warn her and everyone else in similar relationship.

Edited May 21, 2022 by mari04

[SalishSea 17,818]

5 hours ago, centric23 said:

Not every Nigerian is using people for visa. Please stop spreading this false narrative. There's so much negativity against Nigerians on this site.

Unfortunately, those who do perpetuate fraud make it harder for legitimate cases.

 

You can object to the stereotyping, but the data supports it.

[Redro 4,611]

9 hours ago, Boiler said:

Certainly an interesting case, please keep us updated.

There was a case like this on VJs years ago. 

The beneficiary was living in France or Italy and was allowed to interview at the US Embassy. 

Every time someone asks this question (it seems to come up at least every fortnight) I try to find the thread but no dice. 

 

There was another case where the beneficiary interviewed in their home country and the only thing stopping visa issuance was the PCC. 

Fortunately, some countries will provide PCCs to people who lived in the country without status. 

 

As long as no crimes were committed and the relationship is legit, the beneficiary should receive a visa. 

[lukeno2007 6]

11 hours ago, mari04 said:

Let me guess: He is Nigerian male in his 20s - early 30s. He came to EU on tourist visa and immediately applied for asylum. You are US citizen female, at least 10 years older than him. Met online. Probably, he reached out to you on Facebook or Instagram, saying how beautiful you are. You visited him in Europe for 1-2 weeks and he immediately proposed to you. If this is true 

The truth is you just don't guess what situation people are ,and give advices. No point explaining to you ,cause you've made up your mind about what the media or what your hear about Nigerians. And for your information I'm a Nigerian American too the same tribe ,so you thinking is way way off .

[lukeno2007 6]

4 hours ago, ROK2USA said:

There was a case like this on VJs years ago. 

The beneficiary was living in France or Italy and was allowed to interview at the US Embassy. 

Every time someone asks this question (it seems to come up at least every fortnight) I try to find the thread but no dice. 

 

There was another case where the beneficiary interviewed in their home country and the only thing stopping visa issuance was the PCC. 

Fortunately, some countries will provide PCCs to people who lived in the country without status. 

 

As long as no crimes were committed and the relationship is legit, the beneficiary should receive a visa. 

Wow he is in France, cause I have been trying to see if he could be interview there, seeked asylum that was in 2013 but denied 2016,so it's over 6yrs now still living there ,the information is that without status he can obtain Pcc . The only consign is will he be able to be interviewed at the US embassy. 

[Redro 4,611]

53 minutes ago, lukeno2007 said:

Wow he is in France, cause I have been trying to see if he could be interview there, seeked asylum that was in 2013 but denied 2016,so it's over 6yrs now still living there ,the information is that without status he can obtain Pcc . The only consign is will he be able to be interviewed at the US embassy. 

He will be able to procure a PCC from France according to visa reciprocity.

Police Records

Available

Fees: There are no fees

Document Name: Extrait de Casier Judiciaire 

Issuing Authority: Persons born in France, Greffe du Tribunal de Grande Instance. Persons born outside of France, Ministere de la Justice, Casier Judiciaire National, 107, rue du Landreau 44079 Nantes Cedex

Special Seal(s) / Color / Format:  There is no special seal(s)/color/format

Issuing Authority Personnel Title:  Ministere de la Justice

Registration Criteria: online at  https://www.service-public.fr/

Procedure for Obtaining:  Extraits de Casier Judiciaire may be obtained by any person, regardless of: nationality, place of birth, legal/illegal status, who has resided in France at any time, provided such residence occurred after the age of 15 years. The applicant should furnish his/her full name, and any other names (including maiden), by which known, date and place of birth, father's full name, mother's maiden and married names, and place of residence.

Certified Copies Available: Certified copies are not available 

Alternate Documents:  There are no alternate documents

Exceptions:  None

Comments:  None

 

Instructions on US Embassy in France states:

 

Immigrant visas to the United States are processed for citizens and residents of France and Portugal at the U.S. Embassy in Paris.

 

I assume you put his current address (in France) when you filed the K1. When the petition is approved they will probably send his documents to the Embassy in France. As they are not aware he is not legally in France. 

I do no think they request you show proof of legal residency at any stage of the process. You'll probably be okay to schedule the interview in Paris. But, no one knows if they'll ask to see his documentation stating he is a legal resident of France. If US Embassy in France has an issue with him interviewing he will probably be refused. Not sure if that means you will have to start over (another K1 or marry and file I-130). 

 

If you do not want to take the chance of his visa being refused. You should contact the Nigerian embassy after you receive the NOA2 and request they send the approved petition to Nigeria. 

 

• If you are requesting a transfer for a K Visa, the receiving Embassy or Consulate has the discretion to approve or deny the acceptance of a K visa application from an applicant outside the consular district.  Contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case and include the reason for the transfer request.  If you paid the MRV fee at the original post and the transfer request to a new post is subsequently approved, a new visa fee will be required.