Jump to content
dady12

visa deny and case been return after 6 months in AP

40 posts in this topic

Recommended Posts

I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

Share this post


Link to post
Share on other sites

I was interview in abudhabi embassy on June,during my interview,the CO disagree with my marriage certicate,I got married in dubai in a sister church which according to the church ,they have no power to issue marriage certificate as this church is not registered with dubai,in that case ,the pastor with the church headquarter in my country register the marriage with nigeria marriage registry ,the CO said why the church in dubai were unable to issue the certificate?I told her I am a Christian and I worship in that church but the church only can issue a testimonial which I attach with my papers,after asking other questions,she said I am denying you this visa,contact uscis around 5 to 6 months,due to her argument,I contacted my wife and agreed that we have the marriage done again since CO disagree with this marriage certificate just becasue it was register from nigeria .we both went to nigeria and have the marriage done the second time in a federal marriage registry,I contacted the embassy again that we got married again and I want to send them the new marriage certificate ,they told me to submit the original in any working day which I did.after almost 6 months of waiting,I wrote email to them but no reply,my wife contact her senator and they email the senator that the case is been return due to lack of bonafide relationship between the petitioner and the beneficiary,now lawyer asking us to pay 1500 to get uscis to take action on the return case and other fees to be paid when we get the NOIR. I need advice.thanks

Is this a K1 or or CR1?

Share this post


Link to post
Share on other sites

If I was you after waiting all that time I would "consider" doing a CR1 again considering the lawyer will still not be thre to interview and thwy may just tell you to resubmit application.

it is cr1 not k1

Is this a K1 or or CR1?

cr1

Share this post


Link to post
Share on other sites

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

Share this post


Link to post
Share on other sites

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

Edited by Ryan H
Reason for edit: to remove multiple posting.

Share this post


Link to post
Share on other sites

It sounds to me like you weren't legally married when the petition was filed therefore it was denied appropriately. There is no "fixing" the petition. Getting legally married after it was filed wont help as you needed to be legally married at the time it was filed originally.

You definitely need to file a new petition.

I agree with this post.

Share this post


Link to post
Share on other sites

but the letter from embassy to senator said lack of bonafide between the petitioner and beneficiary,but we ve so much evidence that can be use to rebut it,I never know if know letter will say different thing from what they wrote senator.can I re apply or wait for this NOIR as I am thinking that re filing without pursuing this won't help because the consulate might still deny it again or what do you think?

You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.

Share this post


Link to post
Share on other sites

You did not have the marriage certificate BEFORE you filed therefore you were not legally married according to USCIS.

It does not matter that the reason was that the church was not officially recognized and couldn't issue the certificate

and the registration in Nigeria was done AFTER the filing.

It does not matter that the blanket statement was 'lack of bona fide', no amount of relationship evidence can overcome

not having a marriage certificate submitted upon filing a spousal visa.

The lawyer is shady and wants your money, consult several other immigration lawyers who understand this issue

fully and the NOIR process and they will tell you the same thing, you need to refile with the proper marriage certificate.

I don't know what all is involved in the registration process that you said the pastor in headquarters did and if you have

to be there personally to do it or not. If it was done correctly according to Nigerian law then your refile should be

approved. Have your wife withdraw the current petition and write a letter explaining the reason and then she can

FRONTLOAD the next petition. Don't wait to send your mountain of evidence for the next interview, frontload it

with the petition to USCIS and write a second withdrawal letter and place it in the petition package. Then bring all this evidence

again plus new evidence to the next interview.

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

Share this post


Link to post
Share on other sites

You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.

Share this post


Link to post
Share on other sites

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

Yes, if your case is in the US then you can call to withdraw or cancel

Share this post


Link to post
Share on other sites

You most likely will not get those certificates back. Your file will just sit somewhere in a storage room and be forgotten about and probably eventually destroyed.

Request all new documentation. As suggested, make sure to with draw current petition and then refile and front load your petition with everything you have including the proper marriage certificate.

ok thanks for your time,I will be calling for the lawyer so that the old petition is cancel and we can refile with this new certificate,instead of waiting for 1year plus for petition review which I may not win ,I have to refile as you suggested.thanks for your kind and timely advice

Yes, if your case is in the US then you can call to withdraw or cancel

ok thanks I am looking forward to do as directed.I appreciate your reply

Share this post


Link to post
Share on other sites

Relax while you proceed with all the advice you have received in here. You really don't need a lawyer for all you intend doing, read the guides and wiki above, and research in here, you will see someone who has gone through a similar issue in the past.

Wish you well on your visa journey!

Share this post


Link to post
Share on other sites

I so much appreciate your kind and timely reply,but we file with the register married certificate from the church during our first filing and I don't know if it is possible that we can withdraw the petition before the NOIR is issue in order to refile,will the refiling work since it is going to the same consulate?how can we get back the original two certificate which we sent to the embassy back?thanks

You said the church's marriage certificate was not registered (because the country did not recognize your church)

are you now saying it was registered before the filing ?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×