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Question regarding 2nd I-130 Lagos Nigeria

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Filed: Country: Nigeria
Timeline

I have a question. I am US citizen and was previously married to a Nigerien. His CR-1 was approved and he came to USA. Our marriage did not last and we divorced.

I, for a while now, have been talking/involved with another Nigerian man. I will be going to visit soon. If our relationship continues to progress and we decide we want to be married, will my previous marriage affect this one?

Thank you in advance for any help/advice you can give me.

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I have read (though I can't find it specifically right now) that 2nd marriages do sometimes raise suspicion for fraud. Be prepared to prove your relationship is legitimate!

Spoiler

 

===============================================

January 06, 2011 - Married in Buenos Aires, Argentina 

July 15, 2013 - Mailed I-130 Packet 

May 13, 2014 - Case complete at NVC 

June 16, 2014 - IR-1 VISA APPROVED at US Embassy in Buenos Aires 

July 15, 2014 - Arrival at Houston and Permanent Residency granted

===============================================

April 24, 2017 - Filing N-400 for Naturalization!  

 

Spoiler

 

 

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Filed: IR-1/CR-1 Visa Country: Senegal
Timeline

There will be a red flag for the second marriage and USCIS will always look into the previous one to see if there were fraud committed. You will have to demonstrate with clear evidence that the first one was a bonafide marriage and not a sham for immigration purpose. Take your time and have a lot of evidences, multiple visits because Nigeria is deemed hight fraud country when it comes to immigrant visas.

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No Red flag, I went though this myself, so don't worry. however, You need to give more details , how long the marriage lasted

Edited by myafi1985

AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

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Filed: Citizen (apr) Country: Nigeria
Timeline

We were married 2 years...living together in states for a year. I do believe there was fraud on his part and I did report him

That can be a Big issue. Because they may question your judgement. Hopefully you reporting him stopped a 10 year green card or citizenship.

But it just means you may be scrutinized more. You could be seen as an American just bringing immigrants here for profit. Because Lagos sees this all too much it is a Big red flag. So just have your evidence together and probably have to spend more time with this one before petitioning.

How many visits to nigeria for how long before you married and brought him over? That is key

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Filed: Citizen (apr) Country: Nigeria
Timeline

When was this last marriage ? If it was recently they will look very closely to see if you are marrying for money. I know 3 Nigerian men that applied for green cards based on the same woman in a period of about 6 years. The first 2 got away with it but the 3rd one they stopped and they placed the woman on some sort of immigration black list ( apparently her bank account increased by about 10 k when each relationship started ) Any exchange of money from him to you will be a huge red flag.

This will not be over quickly. You will not enjoy this.

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from General Immigration Discussion to the Africa/Subsaharan regional subforum -- topic is country-specific. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Country: Nigeria
Timeline

I was thinking this may be a red flag. Also, what is your advice on this.....if our relationship does continue to progress and we wanted to be together, I was thinking of fiance visa rather than spousal visa. My personal reason being, if approved, that would give me a little bit of time to cohabitate together and I can see if he changes at all. My ex-husband changed the moment he arrived and was like I didnt even know him.

I am thinking maybe it would not matter to embassy what type of visa, they will scrutinize regardless.

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Filed: K-1 Visa Country: Nigeria
Timeline

Sorry to hear of ur past experience... Ur brave to try again... Just curious, but how do u know this guys legit? Arent u afraid of a repeat? The ones that are frauds r very good at wat they do... Some stories I read r amazing! They culd b grammy winning actors... Its sad to, it gives the good nigerians a bad image... Its a shame... Plz b careful n God bless u and ur new partner :)

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Filed: Citizen (apr) Country: Nigeria
Timeline

Sorry to hear of ur past experience... Ur brave to try again... Just curious, but how do u know this guys legit? Arent u afraid of a repeat? The ones that are frauds r very good at wat they do... Some stories I read r amazing! They culd b grammy winning actors... Its sad to, it gives the good nigerians a bad image... Its a shame... Plz b careful n God bless u and ur new partner smile.png

My thought exactly especially if this new one is from the same area as the old one. They pass names along. For all that I love my husband and the good Nigerians I truly wish that they would find a better way of outing scammers. I wish they could administer lie detector interviews in high fraud countries. End the false denials and stop the liars before they get here and wreck havoc on the unsuspecting USC.

This will not be over quickly. You will not enjoy this.

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Filed: AOS (apr) Country: Cyprus
Timeline

I was thinking this may be a red flag. Also, what is your advice on this.....if our relationship does continue to progress and we wanted to be together, I was thinking of fiance visa rather than spousal visa. My personal reason being, if approved, that would give me a little bit of time to cohabitate together and I can see if he changes at all. My ex-husband changed the moment he arrived and was like I didnt even know him.

I am thinking maybe it would not matter to embassy what type of visa, they will scrutinize regardless.

Unfortunately a K1 visa is not a 'getting to know each other' visa but based on definite intent marriage which you will state in the letter of intent.

Lagos denies more K1's than CR1's.

If your K1 is denied, and there is a good chance that it may with the red flag of a previous approved petition from a high fraud country,

then the case will expire and you have the option to either refile or move to Nigeria.

CR1's are a little stronger and if the CO refuses to issue the visa then the case gets send back but you will have a chance to overcome the refusal.

Not so with a K1...ones send back that's it. Extremely rare exceptions with VSC. Forget it if you go through CSC, they don't reaffirm.

Some key issues here would be the time gap between the two relationships, when did you divorce and how long after that did you meet your current fiance ?

If they are many years apart it is better than a few months or couple years in between.

You have the option to marry and file a CR1 but since you seem a little unsure of his motive and understandably so, you have to weigh the risks.

The best thing to do woud be to go very slow, visit 2-3 times for as long as you can, even stay there for a few months if you can to

give the CO the impression that you will be more alert and cautious this time around.

Meanwhile you can get an awareness and insight of any inconstencies your fiance may show during a longer wait.

Some can't keep the game up for long and get too impatient and find another faster route on the highway of life.

Some can keep it up but not without a few things to make you go "WTH ?" now and then that you want to examine on a deeper level.

Since you reported the ex as a scammer you will be scrutinized more on the other hand it should point to at least your own genuine

motive and intent, i.e. you did not marry him as a sham to get paid.

In a nut shell....take it slow and enjoy the ride, gather loads of genuine relationship evidence without the element of speeding through this.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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