k-1visa

[moneypenny 0]

I need help on how to proceed; I filed a k1 visa for my fiance who is Nigerian the application was approved and he had his appointment in early march this year. The thing is before meeting he had attempted to visit the US and used an "agent" to file the visa application for him and in doing so he took some not to wise advice from this agent, i.e that he was married. On the day of his interview he informed the consulate interviewer of this and his k1 application was denied based on the relationship between him and i was not believable. The k1 is now working its way back to the US but i have heard nothing from immigration on this matter, I am now wondering do i get a lawyer or do i refile. I will be visiting with my fiance in a few months, another thing is that he has since relocated to South Africa does this now have any affect on anything i may do.

Thanks

[soulstriker 274]

so hes your fiance but he was married to someone else? sounds confusing

[cdneh 3,118]

so hes your fiance but he was married to someone else? sounds confusing

I think what she is saying, is that this 'agent' told him to say he was married, in the hope that it might prove a tie to compel him to return after his visit. That may prove tough to undo.

[EM_Vandaveer 2,448]

Sounds like a misrepresentation.

Returned K-1 cases are left to expire. You need to re-file or marry and file for CR-1, but I'm not sure if the misrepresentation can be overcome. Maybe by spending plenty of time face-to-face with him.

[Boiler 48,264]

K1 was denied as he was not free to marry, needs to divorce first.

[EM_Vandaveer 2,448]

K1 was denied as he was not free to marry, needs to divorce first.

He wasn't married. The visa agent advised him to put "married" on the tourist visa application, presumably to show ties...

[Boiler 48,264]

As far as the Consulate records are concerned he is married.

[Unlockable 7,322]

Boiler may have a point. He may have to prove that he was never married. That may lead to him explaining why he lied in the first place. And if found to have lied for immigration could lead to a permanent ban for him.

To be brutally honest I wouldn't waste time trying to refile a new K1. A new one will likely have the same results. Consult a competent lawyer. Make more trips to him, get married and start gathering tons of evidence for a bonafide relationship.

Edited October 26, 2016 by NuestraUnion

[Ebunoluwa 6,140]

A second K1 will be denied as well. Waste of time and money.

If he was given a 221g marked with misrepresentation for lying on the previous application then you need to file a waiver

with the next petition which should be a CR1 not another K1.

The waiver may or may not be approved and you may find yourself moving to Nigeria and living there with him,

or South Africa.

It doesn't matter which embassy he goes through, his previous data is always there like a neon sign no matter what

country he applies from, it's in the system. Don't let anyone tell you otherwise.

You have a serious matter that will take a very long time to resolve if ever.

Misrepresentations carry a ban, check into waivers and how to file them with the relevant hardship letter and evidence package.

Your current petition will be returned to USCIS where it will expire, case closed.

Why so many allow "agencies" to lie on their behalf is beyond me. He had to sign the B2 application and he signed it

knowing the lie was written there as advised by other stupid people trying to beat the system and now your future

together is in jeopardy.

[Boiler 48,264]

denied based on the relationship between him and i was not believable.

Seems he was not denied for Misrep, they do not need to list all the reasons he could have been denied, one is enough.

[Ebunoluwa 6,140]

He misrepresented and the CO can include that with whatever other reasons in their findings which will have to be overcome at the next filing.

[Boiler 48,264]

Certainly will not go away and I certainly do not know the totality of their situation and the issues they need to address.

[Everlast 49]

A second K1 will be denied as well. Waste of time and money.

If he was given a 221g marked with misrepresentation for lying on the previous application then you need to file a waiver

with the next petition which should be a CR1 not another K1.

The waiver may or may not be approved and you may find yourself moving to Nigeria and living there with him,

or South Africa.

It doesn't matter which embassy he goes through, his previous data is always there like a neon sign no matter what

country he applies from, it's in the system. Don't let anyone tell you otherwise.

You have a serious matter that will take a very long time to resolve if ever.

Misrepresentations carry a ban, check into waivers and how to file them with the relevant hardship letter and evidence package.

Your current petition will be returned to USCIS where it will expire, case closed.

Why so many allow "agencies" to lie on their behalf is beyond me. He had to sign the B2 application and he signed it

knowing the lie was written there as advised by other stupid people trying to beat the system and now your future

together is in jeopardy.

Right on point!

[Unshakable Faith 493]

Although misrepresentation is a serious deal, it's not always so black and white. There are many people that say they are married in previous visa applications and never get hit with a ban because although it is misrepresentaion, it is not considered material misrepresentation by the interviewing officer (which is what triggers the lifetime ban, with opportunity for a waiver).

If they hit him with material misrepresentation (they would have told him) you can go ahead and file a waiver if you plan on filing another petition and have it processing simultaneously. If this is the case, do it now before the fee increase because the fee is going from $585 to a few dollars short of $1000.

If he didn't get hit with material misrepresentation, you can go ahead and file whichever petition you choose (fiance or spousal). Know that his credibility is going to be shot and you will need a lot of evidence to overcome the blemish in his credibility.

I suggest a lot of face time but I would not just assume that the K1 route is no longer available to you.

Edited October 26, 2016 by FN&KO

[Ebunoluwa 6,140]

I don't think they would have necessarily told him though they are supposed to mark it on the 221g paper, some don't. I also think that material misrep versus just misrep falls under the discretionary powers of the individual CO. Material meaning would the lie have stood in the way of the visa or would it have been issued because of it and other lies in regards to false names and DOB etc etc .....I would try to find out through a senator what the exact finding is for the refusal and proceed from there.