What to do next after K1 refusal?

[fran6 0]

Hi everybody, I don't know where to start from about my journey. I am going to be brief as possible. My fiance is a Nigerian resident in Ghana. We had our first interview in Ghana April 12th. I traveled to Ghana for the interview. At the interview, the consular was very nice, we talked about Houston weather. He said everything about our relationship is okay but he is not use to seeing Nigeria birth certificate. He gave us appointment to come back in two weeks (26th april) so he can get in touch with the Nigeria consulate about my fiance court sworn birth certificate.

On the second interview, it was somebody else that attended to us. She was very rude, she said she will not issue the visa from their office because they not familiar with Nigeria document, and will send out petition back to U.S. I started crying than she said the only thing she can do is to send out petition to Nigeria. I agreed and left for u.s 3 day later. We got e-mail from lagos that our interview been set for 6/28/2010, and to redo medical and police report.

My fiance was refused today on the grand that we've been dating for 6 years without marriage. the consulate said " why you not married after dating for 6 years? this relationship is not fake, i am refusing you the visa and sending your case back to u.s" We had every proof ( relationship and engagement pictures, telephone record, bank transfers, letters, e-mails) but she didn't want to see any our prove. I contacted my senator when I first returned from Ghana but she said fiance issue is not her priority.

What do I do now? do I wait for the refusal and appeal or go ahead to marry and file K3? please I need your advice.

I don't know what to do! I have cried my eyes swollen, I am so depressed, I can't eat, o my God i am so confuse.

[EllaC 190]

Get married! You lose nothing by doing this. They'll see you are serious about your relationship and that you really want to be together. Then file for a K3. I'm shocked, if everything that you said here it's true. There must have been something else. I'm surprised anyway. But don't lose your hope. Try everything. If your relationship is for real and they see that too, they are not allowed to refuse you unless you have done something bad, like drug traffic und so weiter und so vor.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Trafficking in Drugs

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

Trafficking in Drugs

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

Source: The U.S. Department of State website http://travel.state.gov

Good luck and get back to us with great news!

P.S.: You can also talk about this with an immigration attorney if you would rather go for the K1 visa. Try one who's got K visas under his area of expertise! I will pray for you, if you really have a bone fide relationship. God bless you!

Edited June 28, 2010 by Sunshine13

[NigeriaorBust 4,087]

Didn't they remove the HIV/AIS clause at the beginning of the year ?

[Leigh Ann 8]

Didn't they remove the HIV/AIS clause at the beginning of the year ?

I think so.

[trailmix 77]

Yes it was, here is the current list:

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Not sure what actual page you were pasting from Sunshine as you link just goes to the main page.

[Old Dominion 26]

Hi everybody, I don't know where to start from about my journey. I am going to be brief as possible. My fiance is a Nigerian resident in Ghana. We had our first interview in Ghana April 12th. I traveled to Ghana for the interview. At the interview, the consular was very nice, we talked about Houston weather. He said everything about our relationship is okay but he is not use to seeing Nigeria birth certificate. He gave us appointment to come back in two weeks (26th april) so he can get in touch with the Nigeria consulate about my fiance court sworn birth certificate.

On the second interview, it was somebody else that attended to us. She was very rude, she said she will not issue the visa from their office because they not familiar with Nigeria document, and will send out petition back to U.S. I started crying than she said the only thing she can do is to send out petition to Nigeria. I agreed and left for u.s 3 day later. We got e-mail from lagos that our interview been set for 6/28/2010, and to redo medical and police report.

My fiance was refused today on the grand that we've been dating for 6 years without marriage. the consulate said " why you not married after dating for 6 years? this relationship is not fake, i am refusing you the visa and sending your case back to u.s" We had every proof ( relationship and engagement pictures, telephone record, bank transfers, letters, e-mails) but she didn't want to see any our prove. I contacted my senator when I first returned from Ghana but she said fiance issue is not her priority.

What do I do now? do I wait for the refusal and appeal or go ahead to marry and file K3? please I need your advice.

I don't know what to do! I have cried my eyes swollen, I am so depressed, I can't eat, o my God i am so confuse.

get married! apply for CR-1 as the K-3 is no longer used.

[TBoneTX 43,422]

I contacted my senator when I first returned from Ghana but she said fiance issue is not her priority.

You're in Texas? Was it the vaunted #1 assistant to Sen. Kay Bailey Hutchison who said this? Infuriatingly worthless, both of them. Try your Congressman -- any responsiveness is better than none.

[brnidokiegurl 0]

sorry i have not read all and have not been active here for awhile but marrying is not a sure way to get the visa...you take a big chance to marry and still not get the visa, address whatever issues you know might be holding you back and it may take years to solve all this...

[cyshie 0]

Hi everybody, I don't know where to start from about my journey. I am going to be brief as possible. My fiance is a Nigerian resident in Ghana. We had our first interview in Ghana April 12th. I traveled to Ghana for the interview. At the interview, the consular was very nice, we talked about Houston weather. He said everything about our relationship is okay but he is not use to seeing Nigeria birth certificate. He gave us appointment to come back in two weeks (26th april) so he can get in touch with the Nigeria consulate about my fiance court sworn birth certificate.

On the second interview, it was somebody else that attended to us. She was very rude, she said she will not issue the visa from their office because they not familiar with Nigeria document, and will send out petition back to U.S. I started crying than she said the only thing she can do is to send out petition to Nigeria. I agreed and left for u.s 3 day later. We got e-mail from lagos that our interview been set for 6/28/2010, and to redo medical and police report.

My fiance was refused today on the grand that we've been dating for 6 years without marriage. the consulate said " why you not married after dating for 6 years? this relationship is not fake, i am refusing you the visa and sending your case back to u.s" We had every proof ( relationship and engagement pictures, telephone record, bank transfers, letters, e-mails) but she didn't want to see any our prove. I contacted my senator when I first returned from Ghana but she said fiance issue is not her priority.

What do I do now? do I wait for the refusal and appeal or go ahead to marry and file K3? please I need your advice.

I don't know what to do! I have cried my eyes swollen, I am so depressed, I can't eat, o my God i am so confuse.

[cyshie 0]

Wow this is an eye opener to us! My fiance and i have been a couple " bfs and gf"s for 7 years, we have all the proofs like you do" and we never thought that they will take the length of years being together against you! I thought it should have been better coz we have a lots of proofs, Now im confused too, Because his interview is in less than 48 hours! Pls help!

[Shad and Dani 3]

Get in touch with your Congressman! Mine was much more responsive than my Senator.

[Old Dominion 26]

any congressman or senator can only make an inquiry of the embassy and get a quick response, but can't change anything.

[fran6 0]

Hi everybody, thanks for taking the time to respond, and I really appreciate all your input. I tried to reach senator John Cornyn throughout yesterday afternoon, I could not get anybody but left a message, and will try again today. @ TBone Tx, yes it was the lady that takes care of immigration issues (Kerry) for senator Key Hutechison. @ Sunshine 13, my fiance record is clean, never been to u.s before to overstay, we had no fraudulent document.

question: since they are sending the file back to u.s, can we still get married and file CR-1/ K3 or we have to wait for them to finish with the K1 returning process?

[Advanced Aardvark 82]

You're in Texas? Was it the vaunted #1 assistant to Sen. Kay Bailey Hutchison who said this? Infuriatingly worthless, both of them. Try your Congressman -- any responsiveness is better than none.

Exactly! Your Congressman/woman/thing is a better choice than the Senator. Representatives must seek election every two years, so they are much more responsive to their constituents. This was a design consideration by the Framers of the Constitution. This election cycle, Representatives seem to be quite responsive.

[Advanced Aardvark 82]

any congressman or senator can only make an inquiry of the embassy and get a quick response, but can't change anything.

House members have the "power of the purse". They "guide" and "influence" public sector policy and action by controlling appropriations. The last thing any Ambassador wants is to have his budget "squeezed" by the House. This tends to make them quite "responsive" to inquiries from House members.