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K1 visa confusion

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Hello all. I'm new here and need urgent advice.

I applied for a B visa not quite long ago but got denied. In my B visa I applied as married because I am married traditionally.

Thing is now my husband wants to file a k1 visa for me because at the time we had our traditional wedding he was still legally married to his ex wife and that should count as a polygamous marriage for US immigration purposes even though it is recognized and valid where I come from.

My fear is I hope my putting married in my previous B application will not jeopardize my k1 visa. We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year. Please I need your help and suggestions.

Do we continue with K1 or file a CR1?

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IMHO the safest bet is to get married legally now that his divorce is final and go for the CR-1.

If you file for K-1, you really risk getting it denied for being "too married for K-1, not married enough for CR-1" and then you'd have to get legally married and file for CR-1 anyway.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

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As long as you and him are both legally divorced, file a K1 visa.

The K1 visa requires a special form called the certificate of non impediment. This is a legal document that states you are free to marry with no current marriage. If it comes back that you are still married, they will deny your K1 and tell you to file a different visa

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CR-1..... get married "again" then file for spousal visa...


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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If the traditional marriage is valid and recognized where you come from then your husband is a bigamist.

Why do people complicate their lives by marrying someone else when they are already legally marry?

Edited by aaron2020

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The CO at your interview will have cross checked data from your previous B2 application with a K1 petition and deny

you for being traditionally married. You can't however file a CR1 on a traditional marriage affidavit and you need to
marry and register it properly and file with that marriage certificate for a CR1 petition.
The CO will want to know why you said married on the application when the final divorce decree was issues 4 years later.
They may even return the CR1 case to USCIS to let them make a recommendation.

I would front load and explain everything with the initial CR1 petition and explain in a letter that you were traditionally

married since ____and legally married since____and that his divorce was final____but that he thought as long as the traditional

ceremony was not registered that it would not be considered against the law. That the legal registered marriage took place on ____ .
Make a relationship timeline (USC should do this) to be transparent and open with USCIS from the beginning so that
the CO will not have to sort it all out later. Whatever has been submitted to USCIS does not usually undergo a deeper scrutiny
at the interview level but you will be questioned about it. Lagos is a tough embassy to go through and you have set yourself up
for an issue that you need to front load and explain to USCIS.


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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Hello all. I'm new here and need urgent advice.

I applied for a B visa not quite long ago but got denied. In my B visa I applied as married because I am married traditionally.

Thing is now my husband wants to file a k1 visa for me because at the time we had our traditional wedding he was still legally married to his ex wife and that should count as a polygamous marriage for US immigration purposes even though it is recognized and valid where I come from.

My fear is I hope my putting married in my previous B application will not jeopardize my k1 visa. We have a traditional marriage affidavit dated almost 4 years now and his divorce was only completed this year. Please I need your help and suggestions.

Do we continue with K1 or file a CR1?

Is it a polygamy valid in your country? How did you feel marrying a married man? Is it correct in your country?

Anyway now you need to get legally married and for marriage visa.

and what if after marrying you by law, he goes and marry somebody else in Traditional marriage? Is it legal in Nigeria? Will you agree your legal husband marrying traditionally one woman more?

It's confusing. Can you enlighten me, please

Tasha

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Welcome to the forum.


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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Hmmm...polygamy is not legal in Nigeria. That's why, when you apply for a Nigerian marriage license, they post the document, along with passport photos of the intended bride and groom for 21 days - so that if there are other spouses, they can, in theory, come forward and object.

My friends here in the States always get a laugh out of watching the first five minutes of our civil marriage that took place at a Local Government Marriage Registry, in Nigeria - the first 5 minutes of the ceremony consists of the officiant describing all the ways that the bride and groom can find themselves imprisoned for 5 years - entering into a polygamist marriage being one reason. The officiant is careful to describe that if the bride or groom has entered into a polygamist marriage through a traditional ceremony - that is an offense that is punishable by jail time.

Before you run off and try to make this good, by going through a civil marriage, I think it in your best interest if you consult an attorney who is well versed on, not just immigration, but also the Nigerian Marriage Act of 1990.


CR-1 Visa

Married in Akure, Ondo State, Nigeria on 29 September 2016 - Civil Marriage
** USCIS **

Service Center: Potomac

Consulate : Lagos, Nigeria 

I-130 Sent: 2016-12-03

I-130 Delivered to Chicago Lockbox: 2016-12-05

I-130 NOA1: 2016-12-08

Oko mi was baptized, confirmed, and received into the Catholic Church in Akure, Nigeria: 2017-04-15 at the Easter Vigil Mass!

Marriage Convalidated in the Catholic Church, Akure, Nigeria: 2017-04-16 Easter Morning! 

I-130 Approved : 2017-05-19

** NVC **

NVC Received : 2017-06-01

NVC Case Number Assigned: 2017-06-15
Received DS-261/AOS Bill: 2017-06-21

Pay AOS Bill: 2017-06-21
Receive IV Bill : 2017-06-23
Pay IV Bill : 2017-06-23

Receive I-864 Package : 2017-06-28

Send AOS Package : 2017-07-01

Submit DS-261 :  2017-06-21

Send IV Package : 2017-07-01
Scan Date: 2017-07-07

Receive Instruction and Interview appointment letter : 2017-09-30

Case Completed at NVC : 2017-09-01

----------------------------

 

Interview Date : 2017-11-22

Interview Result : Approved! Thanks be to God!

Visa Received : 2017-11-27
US Entry : 2017-12-08 Atlanta

 

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As long as you and him are both legally divorced, file a K1 visa.

The K1 visa requires a special form called the certificate of non impediment. This is a legal document that states you are free to marry with no current marriage. If it comes back that you are still married, they will deny your K1 and tell you to file a different visa

Not good advice and the Non Impediment is used at the Jamaican Embassy. Previous misrepresentations could affect future visa applications. Be careful of the advice you give.

OP, as others have stated it is best to work on getting married legally and file CR1. Heed Ebunoluwa's advice.

Edited by LionessDeon

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My apologies for the misleading advice! I was only sharing what I knew from my own experience. Please be careful of the advice you listen tonon these forums. Most of us are not experts, and are only sharing what we know.

Good luck my dear, and I hope you get everything situated.

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you have set yourself in the worse scenario already


 

AOS

05/04/17 - Biometric appointment

05/17/17 - Case ready to be scheduled for interview

07/20/17 - EAD/AP Approved

07/25/17 - GC interview scheduled

07/27/17 - EAD/AP in hand

08/14/17 - GC interview , approved =)

08/18/17 - GC approval notice letter

08/21/17 - GC in hand

 

 

ROC

05/16/19 - Earliest  to apply 

 

 

 

 

 

 

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you have set yourself in the worse scenario already

I agree.

I sincerely hope that you two consult a competent attorney before you attempt to "fix" this on your own.

Question: Is your "husband" (In quotes because I am not sure what the law would presume the relationship to be, at this point) a natural born U.S. Citizen, or was he born in Nigeria, as well? If he is from Nigeria, how did he immigrate to the United States? If he was not born here, has he naturalized, or is he an LPR? Is his ex-wife a U.S. Citizen?

There seem to be so many questions that an attorney will need to sort out.

Edited by Kosi Wahala

CR-1 Visa

Married in Akure, Ondo State, Nigeria on 29 September 2016 - Civil Marriage
** USCIS **

Service Center: Potomac

Consulate : Lagos, Nigeria 

I-130 Sent: 2016-12-03

I-130 Delivered to Chicago Lockbox: 2016-12-05

I-130 NOA1: 2016-12-08

Oko mi was baptized, confirmed, and received into the Catholic Church in Akure, Nigeria: 2017-04-15 at the Easter Vigil Mass!

Marriage Convalidated in the Catholic Church, Akure, Nigeria: 2017-04-16 Easter Morning! 

I-130 Approved : 2017-05-19

** NVC **

NVC Received : 2017-06-01

NVC Case Number Assigned: 2017-06-15
Received DS-261/AOS Bill: 2017-06-21

Pay AOS Bill: 2017-06-21
Receive IV Bill : 2017-06-23
Pay IV Bill : 2017-06-23

Receive I-864 Package : 2017-06-28

Send AOS Package : 2017-07-01

Submit DS-261 :  2017-06-21

Send IV Package : 2017-07-01
Scan Date: 2017-07-07

Receive Instruction and Interview appointment letter : 2017-09-30

Case Completed at NVC : 2017-09-01

----------------------------

 

Interview Date : 2017-11-22

Interview Result : Approved! Thanks be to God!

Visa Received : 2017-11-27
US Entry : 2017-12-08 Atlanta

 

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