What are my chances?

[Nikkita Bambina 0]

Hello All. I am new to this website, and would appreciate advice. My fiance and I met in January 2010, and started a relationship proper in March. Since the first time we met, we've seen each other 7 times. 3 times he came to Nigeria, he visited me in Ghana 1x while I was there for work, and again in tanzania. And then we have met up 2x in the UK. (We are both Nigerian, but he's the American citizen).

We got engaged in April, and want to file for a fiance visa. The problem is I applied for a visitor's visa twice - once in Sept 2010 and then again in June this year, and both times I was denied. And both times, I did not mention my relationship with my fiance, I only mentioned my sister and cousin (who invited me).

i have spoken to some people about thins and they say it will be a problem if I apply for a fiance visa; and even if we get married, it could be a problem when I apply for a spouse visa.

Does anyone know of a way around this?

Thanks in advance.

nikkita

[Anh map 2,098]

This is different than applying for a tourist visa where they are evaluating your ties to home vs. staying in the US. Here you are going through an immigrant process. They know you want to come. Now you have to show a true, valid relationship.

Your USC fiance is going to file a petition for a fiancee visa. You won't be applying for anything until later in the process.

What you two need to demonstrate is that you have a bona fide relationship. Show the development of your relationship. Time spent together, correspondence, photos, etc.

[Nikkita Bambina 0]

Thanks Anh map for your response.

I am quite confident that we can show that we have a bonafide relationship.

But at some point won't they see that I have applied for and was denied a tourist visa twice? Especially as this was during the period of our relationship.

Thanks

Nikkita

This is different than applying for a tourist visa where they are evaluating your ties to home vs. staying in the US. Here you are going through an immigrant process. They know you want to come. Now you have to show a true, valid relationship.

Your USC fiance is going to file a petition for a fiancee visa. You won't be applying for anything until later in the process.

What you two need to demonstrate is that you have a bona fide relationship. Show the development of your relationship. Time spent together, correspondence, photos, etc.

[Ebunoluwa 6,136]

The tourist visa denials will not be a problem, what is of concern is that you omitted to check the fiance box on the form. It is in the system and they will surely see that. If you have a copy of the same invitation letter from your sister/cousin have it with you at the interview when the time comes, in case they question you about this issue. If you intended to stay with them during your stay then that may help if you can proof it. Be truthful, they have eyes in the back of their heads ! On the first application he was not your fiance, just your boyfriend and boyfriends are not required to be entered. On the second one it seems you were engaged and then did not check fiance on the B2 application. Had he only been a boyfriend then also then I don't think it would have mattered.

[Ebunoluwa 6,136]

Sometimes there are DNA requirements if both are Nigerian to rule out any relative fraud. Just keep that in the back of your mind just in case it comes up but don't stress over it, it may not be required of you.

[patient2010 93]

Hello All. I am new to this website, and would appreciate advice. My fiance and I met in January 2010, and started a relationship proper in March. Since the first time we met, we've seen each other 7 times. 3 times he came to Nigeria, he visited me in Ghana 1x while I was there for work, and again in tanzania. And then we have met up 2x in the UK. (We are both Nigerian, but he's the American citizen).

We got engaged in April, and want to file for a fiance visa. The problem is I applied for a visitor's visa twice - once in Sept 2010 and then again in June this year, and both times I was denied. And both times, I did not mention my relationship with my fiance, I only mentioned my sister and cousin (who invited me).

i have spoken to some people about thins and they say it will be a problem if I apply for a fiance visa; and even if we get married, it could be a problem when I apply for a spouse visa.

Does anyone know of a way around this?

Thanks in advance.

nikkita

Welcome to VJ and you applying for tourist visas and being denied will not hurt your case and being engaged and not mentioning it may or may not hurt it really just depends on the CO that you have. Go ahead and have your fiance apply and get all your ducks in a row...be organized and confident when the interview comes...Good luck to you guys!!!

Edited July 19, 2011 by patient2010

[Nikkita Bambina 0]

Thanks all for your responses. We have decided to go ahead and apply. We are currently trying to select a good immigration attorney. My fiance lives in Dallas, Texas. Does anyone have recommendations for a good immigration attorney we could use?

Thanks!

Nikkita

[Zee Bee 61]

Unless you have a complicated case there is no real reason to use an immigration attorney. Many people have found that the guides on VJ are more than sufficient to get through this process. Have your fiance study the guides, read the forums and do your own research and then decide if you need to hire an attorney. Many times people pay good $$ for an attorney to just fill the forms and mail them.

Good luck.

[ADMIRE 3]

Thanks all for your responses. We have decided to go ahead and apply. We are currently trying to select a good immigration attorney. My fiance lives in Dallas, Texas. Does anyone have recommendations for a good immigration attorney we could use?

Thanks!

Nikkita

Well, I DID apply for a visitor visa in 2006 also without mentioning that my husband was there in the US. I was denied the visa then. When the time for the immigrant visa interview came I knew they were going to question my insincerity with my previous application. i spent days and nites worrying and did a lot of research on misrepresentation of material facts and all that jibberish...and a lt of sleepless nites.

At the end, the moment came....the consular asked me why my answer to the question "does your spouse live in the USA?" read NO instead of YES.....i just stared at him and stared, and he repeated the question. I looked him straight in the eye, with all the regrets i could muster to show on my face and just replied as meekly as i could: "I was just plain stupid". He looked at me some more and NEVER SAID A WORD ABOUT IT ANYMORE.

Long and short of my story? Be sincere from this point fwd, ans all question as truthfully related to ur story as possible. Admit the ones that are obviously a lie, as long as there a re proves to your relationship, you guys would be fine.

All the very best from me.

[patient2010 93]

Thanks all for your responses. We have decided to go ahead and apply. We are currently trying to select a good immigration attorney. My fiance lives in Dallas, Texas. Does anyone have recommendations for a good immigration attorney we could use?

Thanks!

Nikkita

No need for a lwayer as stated earlier unless you have a complicated case good luck to you on your journey!!!!

[Ebunoluwa 6,136]

I definitely advice you to at least consult an attorney if you don't want to hire one for the long haul. Call as many as you can and weed out the bad. Yes, some immigration lawyers don't know what they are talking about ! Find one who specializes in misrepresentation. You will get the feel for a good one the more you talk to. I picked from a list of about 30, emailed, asked, consulted, read their sites and hired one who I ended up not being happy with and fired him. The wrong advice I heard from several was sickening. So do your homework when picking one and then stay on top of every move they make. Insist on prompt returned calls if you leave messages or emails. But in your case an in depth consultation may be enough.You don't have to have one who lives in your state, this can be accomplished from any state easily so shoot for the best. Many offer free phone consultations. God bless.

[Nikkita Bambina 0]

Thanks Ebun.

We have spoken to several lawyers but are yet to hire one.

I have another problem. The name on my birth certificate is 'Nkiru', but the name on all other documents (from nursery school, to my university certificate and on my international passport) is 'Nikky'. What do I do? Everyone calls me Nikky, and like I said it's the name on all my official records EXCEPT my birth certificate. I imagine that this will be a problem. What should I do?

Thanks.

I definitely advice you to at least consult an attorney if you don't want to hire one for the long haul. Call as many as you can and weed out the bad. Yes, some immigration lawyers don't know what they are talking about ! Find one who specializes in misrepresentation. You will get the feel for a good one the more you talk to. I picked from a list of about 30, emailed, asked, consulted, read their sites and hired one who I ended up not being happy with and fired him. The wrong advice I heard from several was sickening. So do your homework when picking one and then stay on top of every move they make. Insist on prompt returned calls if you leave messages or emails. But in your case an in depth consultation may be enough.You don't have to have one who lives in your state, this can be accomplished from any state easily so shoot for the best. Many offer free phone consultations. God bless.

[patient2010 93]

Thanks Ebun.

We have spoken to several lawyers but are yet to hire one.

I have another problem. The name on my birth certificate is 'Nkiru', but the name on all other documents (from nursery school, to my university certificate and on my international passport) is 'Nikky'. What do I do? Everyone calls me Nikky, and like I said it's the name on all my official records EXCEPT my birth certificate. I imagine that this will be a problem. What should I do?

Thanks.

That really shouldnt be an issue because you can usre Nkiru if you like but on the paperwork it will ask of other names used and that is when you put the name on your passport and other documents...Good luck