Need guidance on reopening file on denied fiancée visa

[RedHat19 0]

Hi all,

I was denied a fiancée visa in 2009 at the US embassy in Nigeria as the divorce my fiancée (who is based in the US) had obtained in absentia earlier, turned out to be fake (her former partner is still based in Nigeria and never left for the USA).

Now she has started the process of getting a proper divorce from a US court and we plan to refile for the fiancée visa.

Questions:

(1) How bad is our case? Is there hope for us?

(2) Can our case file with USCIS be re-opened? If so, how do you advice that we go about it?

(3) What time frame should we be looking at for the completion of this process.

Thanks for your anticipated responses. They are much appreciated.

Kind regards.

[belinda63 3,039]

The old file cannot be reopened as the person was not free to marry at the time it was filed. A new I-129 will have to be filed AFTER the divorce is completed. The wait time is about 7-9 months depending on the interview schedule backlog at your embassy.

[ScottThuy 140]

Belinda did 2 & 3 .. here is 1. Your case will depend on the circumstances of the initial denial.. If they say she lied or provided false documents it could be a big issue..

[RedHat19 0]

@Belinda63: Thanks a lot for your response. That's a long time for us at this time. Maybe we might consider getting married in Nigeria and then file as a spouse. Do you know if this is faster?

@ScottThuy: Thanks for your response. I do recall that the lady at the embassy did say the divorce papers she filed with were "fake". You said it could be a big issue. How big? I would appreciate it if you could give us an idea of what we're up against..and an idea of what to expect.

Thanks.

[ScottThuy 140]

@Belinda63: Thanks a lot for your response. That's a long time for us at this time. Maybe we might consider getting married in Nigeria and then file as a spouse. Do you know if this is faster?

@ScottThuy: Thanks for your response. I do recall that the lady at the embassy did say the divorce papers she filed with were "fake". You said it could be a big issue. How big? I would appreciate it if you could give us an idea of what we're up against..and an idea of what to expect.

Thanks.

If they said that she knowingly submitted falsified documents, then there is a possibility that she could be banned from entry... What did the decision document they gave her say? The wording could really help depending on what section of the code they cited as the reason for denial... if it was just that she was not eligible for a visa because she was not free to marry that could be a good thing...

[NigeriaorBust 4,087]

The timelines for both visas are basically the same. About a year total. Nigeria is a tough embassy but if they think that the ex fooled her into thinking he was divorced then you should be ok. You will probably get some questions about the fact she likes Nigerian men and about the details of the fake divorce.

[RedHat19 0]

@ScotThuy Thanks again for your response. I heard the lady who attended to me at the embassy tell the guy who went before me that he'd been banned parmanently. From entering the states because he submitted fake divorce papers, but she didn't say same to me. She only said I haad been denied because the divorce was fake and she is still married.

There must have been a mix-up of some sorts because I went home with a sheet of paper explaining the guy's denial and not mine. So, I don't know for certain what's on my sheet. In retrospect, I think I should have sought to correct the anomaly.

[RedHat19 0]

@NigeriaorBust Thanks a lot for your response. Yeah, the US embassy in Nigeria is quite tough. She did send the embassy a mail afterwards seeking to explain the circumstances that must have led to the divorce being a fake, but there was no response. Do you have an idea about how they treat email? Do they even read them?

[NigeriaorBust 4,087]

@NigeriaorBust Thanks a lot for your response. Yeah, the US embassy in Nigeria is quite tough. She did send the embassy a mail afterwards seeking to explain the circumstances that must have led to the divorce being a fake, but there was no response. Do you have an idea about how they treat email? Do they even read them?

If she got an automated response after she sent it then they got it. Someone there tends to shut their server off at night and let the emails fail ( figured this out by trail an error when we were dealing with Lagos ) Generally if you don't get the automated response assume your email didn't make it. Was the fake divorce from the ex and sent to your fiance ? I know how Nigeria is about forged documents.

[souleymon 27]

There is a chance of u getting a visa approval.

1.if ur fiancee wasnt the one who faked the dissolved marriage.

2.if there hasnt bn any criminal record against her der dat warranted to bn jailed.

The spouse visa is longer and i wld advice u go for fiancee basically bcos ur intentions still remains d same.

Nigeria Embassy seems to b tracky on records..n just like every oda embassy

[LIFE'SJOURNEY 970]

Question- was it the US citizen who had the fake divorce papers?

[Boiler 45,670]

Question- was it the US citizen who had the fake divorce papers?

That seems the big one, not that it will not be complicated anyway.

This one scream Lawyer to me.

[RedHat19 0]

@souleymon Thanks a lot for your reply. Answers to your questions (1). It would appear she was the one who faked it because she filed it with the application. She had patronized the services of someone who turned out to be a scam or something.

(2) She has no criminal record.

If there's a chance we can still get it, we'll probably stick with the fiance visa, going by your advice (intention remains the same).

Thanks.

[RedHat19 0]

@Life'sjourney @boiler yes she's a US citizen and she filed the papers which turned out to be fake. What are the implications if a US citizen was the one with the fake papers?

Its been two years now though & the file's been closed.

Will filing a new fiancée visa petition certainly bring this issue up again?

[LIFE'SJOURNEY 970]

@Life'sjourney @boiler yes she's a US citizen and she filed the papers which turned out to be fake. What are the implications if a US citizen was the one with the fake papers?

Its been two years now though & the file's been closed.

Will filing a new fiancée visa petition certainly bring this issue up again?

Yes, filing any immigration papers will bring this issue back to life. Was she charged with anything, such as a misrep charge?

Question2- who initiated the US divorce, she or her ex?

Question3- has she now attained a certified legal divorce.

Question4- WHY was a fax divorce paper necessary in the first place,

Observation 1- I would not ATTEMPT THIS NEXT ROUND WITHOUT A LEGAL COUNSEL.

Were you aware that she was not legally divorce and that she could not have married you if the papers had not been discovered?

Edited June 6, 2011 by LIFE'SJOURNEY