HELP NEEDED URGENTLY, DENIED AT LAGOS. THANKS

[aaron2020 11,651]

19 minutes ago, Mannyking said:

There was no lie on any legal document 

You lied during the visitor visa application process.  

[Banzi 0]

7 minutes ago, geowrian said:

And there was your mistake. You decided to lie. You got caught and are now paying the consequences. I think you have all the info you need on the next options available to you.

Well, I don't think she would want to move to Nigeria, there are lots of things as we all that would be an hindrance, she just got a new job, she hates the power situation in Nigeria and most of all she has kids that are in school, so I don't think that will be a great idea, more so as others have said, filling for another k1 or CR1 doesn't mean we have a better chance because the initial lie is still on the system and will still pop up again and possibly another denial, there's probably gotta be another way round 

[waitingstill21 44]

1 minute ago, Californiansunset said:

I don't know whether it's still possible that, although your K1 gets revoked, the consulate determines that a waiver is available for your case (which there should be as the only misrep that doesn't allow a waiver is if you had pretended to be a US citizen). As your visa hasn't been fully denied, but 'only' revoked, there can't be a waiver filed for it right now because it has to be denied based on the misrep.

Even if they don't give you the chance to submit a waiver for the K1 you can get married, file for the CR1 visa, get denied at the interview due to your misrep charge and then file your waiver (and this time the CO should definitely determined you to be eligible to file a waiver). 

Look into 601 waivers based on misrepresentation. You have to prove hardship to your then wife (now fiancée). It should be pretty easy for you to prove all the hardships your spouse would have to endure if she had to move with her children to Lagos. The difficult part will be to prove why she needs you in the US to support her and be there with her. Misrep waivers from your country often get approved from what I've read so read into it and determined together whether you have enough hardships. 

K1s get denied and sent back to USCIS to die there are no waivers for the K1.  The CR1 route though will allow a waiver if denied and it was not a material misrepresentation since your lie did not lead to you being issued a visa.  Everyone can give their moral high ground responses but that does not change the law that allows someone who lied to still get a visa, there are waivers available for this exact reason.  Your only route to a visa which will still not be easy will be for you Fiance to go back to Nigeria and the two of you marry and apply for the CR1 visa, be prepared to be denied again and need to apply for a waiver.

[Ash.1101 1,755]

Just now, Mannyking said:

Well, I don't think she would want to move to Nigeria, there are lots of things as we all that would be an hindrance, she just got a new job, she hates the power situation in Nigeria and most of all she has kids that are in school, so I don't think that will be a great idea, more so as others have said, filling for another k1 or CR1 doesn't mean we have a better chance because the initial lie is still on the system and will still pop up again and possibly another denial, there's probably gotta be another way round 

If you get denied with misrep AFTER you get married, there can be a waiver you can apply for, but you have to be denied AGAIN at the CR-1 interview. Which means first you have to get married, apply for CR-1 spousal visa, get denied, and try for a waiver. Not all waivers are approved.

There is no other legal way around. US immigration is not a right even if you marry a USC, it is a privileged, one that makes it so it's the US government who determines who comes in and who stays out. There are people who have been waiting YEARS to be with their loved ones, there are people who have broken up because it's not reasonable to be together in the fiance/spouses home country. This isn't an easy process, it's not something anyone is entitled too.
 

[aaron2020 11,651]

2 minutes ago, Mannyking said:

Well, I don't think she would want to move to Nigeria, there are lots of things as we all that would be an hindrance, she just got a new job, she hates the power situation in Nigeria and most of all she has kids that are in school, so I don't think that will be a great idea, more so as others have said, filling for another k1 or CR1 doesn't mean we have a better chance because the initial lie is still on the system and will still pop up again and possibly another denial, there's probably gotta be another way round 

There is no way around it.  Start by changing your way of thinking.  You think there is a way for you to play the system.  There isn't.

 

 

[Banzi 0]

7 minutes ago, Californiansunset said:

I don't know whether it's still possible that, although your K1 gets revoked, the consulate determines that a waiver is available for your case (which there should be as the only misrep that doesn't allow a waiver is if you had pretended to be a US citizen). As your visa hasn't been fully denied, but 'only' revoked, there can't be a waiver filed for it right now because it has to be denied based on the misrep.

Even if they don't give you the chance to submit a waiver for the K1 you can get married, file for the CR1 visa, get denied at the interview due to your misrep charge and then file your waiver (and this time the CO should definitely determined you to be eligible to file a waiver). 

Look into 601 waivers based on misrepresentation. You have to prove hardship to your then wife (now fiancée). It should be pretty easy for you to prove all the hardships your spouse would have to endure if she had to move with her children to Lagos. The difficult part will be to prove why she needs you in the US to support her and be there with her. Misrep waivers from your country often get approved from what I've read so read into it and determined together whether you have enough hardships. 

Thank you, I really appreciate your suggestions. You are the first person who has taken the time to explain, understand and give a thoughtful opinion 

[Californiansunset 332]

2 minutes ago, Mannyking said:

Well, I don't think she would want to move to Nigeria, there are lots of things as we all that would be an hindrance, she just got a new job, she hates the power situation in Nigeria and most of all she has kids that are in school, so I don't think that will be a great idea, more so as others have said, filling for another k1 or CR1 doesn't mean we have a better chance because the initial lie is still on the system and will still pop up again and possibly another denial, there's probably gotta be another way round 

Yes the initial lie is in the system but there are waivers available for it that let you overcome your ban. Look into 601 waivers for misrepresentation. You will be denied the next visa, yes, but then you can overcome the denial with a good assembled waiver that proves your fiancées hardships. 

[Banzi 0]

4 minutes ago, Ash.1101 said:

If you get denied with misrep AFTER you get married, there can be a waiver you can apply for, but you have to be denied AGAIN at the CR-1 interview. Which means first you have to get married, apply for CR-1 spousal visa, get denied, and try for a waiver. Not all waivers are approved.

There is no other legal way around. US immigration is not a right even if you marry a USC, it is a privileged, one that makes it so it's the US government who determines who comes in and who stays out. There are people who have been waiting YEARS to be with their loved ones, there are people who have broken up because it's not reasonable to be together in the fiance/spouses home country. This isn't an easy process, it's not something anyone is entitled too.
 

Thank you very much 

[Californiansunset 332]

3 minutes ago, waitingstill21 said:

K1s get denied and sent back to USCIS to die there are no waivers for the K1.  The CR1 route though will allow a waiver if denied and it was not a material misrepresentation since your lie did not lead to you being issued a visa.  Everyone can give their moral high ground responses but that does not change the law that allows someone who lied to still get a visa, there are waivers available for this exact reason.  Your only route to a visa which will still not be easy will be for you Fiance to go back to Nigeria and the two of you marry and apply for the CR1 visa, be prepared to be denied again and need to apply for a waiver.

There's been plenty of K1s getting denied and then people filed for a waiver for a K1. Plenty of people on VJ who did that. Liz Cannon specializes in K1 waivers, as unlike many other lawyers who think that K1 waivers have lower chances of approval, she shows that it is still very well possible. 

You are probably right in this case though. I don't think there is a waiver for this K1 made available. 

[NigeriaorBust 4,087]

you want another way to come,  look into dual intent visas.  Like an investors visa.  Same up 500,000  and start a company that hires people here and then you can marry your fiancée.

[geowrian 22,335]

Keep in mind that process will likely take the better part of years to complete. Technically, a "normal" CR-1 takes ~12-18 months. Adding in the time to meet, get married, file, wait for the waiver after denial, etc., you're likely talking close to 2 years for the process. And as others noted, waivers are anything but guaranteed...the best you can do is try. Be prepared to wait that long and be rejected still (and still hope that it's approved).

[LionessDeon 2,060]

For those saying there is no waiver's for K1 you are wrong.  Please see my timeline.

Certain refusals/inadmissibilities are waiver eligible.  K1 fiance's are qualifying relatives.  OP, my advice is for your fiance to consult with a reputable lawyer that specializes in immigration.  You will need to find out if you are waiver eligible.  I'm thinking no and that the CR1 may be the best route to try again IF the lawyer believes your misrep is waiver eligible under a CR1.  But it will take alot of time and money with no guarantee.  

I'm sure your online research must have revealed that lying would also result in a denial.  You've made a hugh mistake.  Good Luck.

 

 

EDIT:  Again let me state that I-601 waivers are not about proving hardship that you cannot live without someone.  It is about the USC proving it would be a hardship to move to the foreign fiance/spouse country.

Edited January 9, 2017 by LionessDeon

[David & Diana R 1,005]

2 hours ago, Mannyking said:

If there's a doubt that any visa won't work why then try cr1, isn't that another waste of time and money. Besides we acknowledged the fact that we lied in the first instance and then said the truth, I wonder why the lie was still considered again after telling the truth

Are you reading what you are writing?  I am very sorry this happened to you but how does anyone know which statement was the truth?  I wish you all well.

[Banzi 0]

16 minutes ago, LionessDeon said:

For those saying there is no waiver's for K1 you are totally wrong.  Please see my timeline.

Certain refusals/inadmissibilities are waiver eligible.  OP, my advise is for your fiance to consult with a reputable lawyer that specializes in immigration.  You will need to find out if you are waiver eligible.  I'm thinking no and that the CR1 may be the best route to try again IF the lawyer believes your misrep is waiver eligible under a CR1.  But it will take alot of time and money with no guarantee.  

I'm sure your online research must have revealed that lying would also result in a denial.  You've made a hugh mistake.  Good Luck.

 

 

EDIT:  Again let me state that I-601 waivers are not about proving hardship that you cannot live without someone.  It is about the USC proving it would be a hardship to move to the foreign fiance/spouse country.

Thank you

[Banzi 0]

16 minutes ago, David & Zoila said:

Are you reading what you are writing?  I am very sorry this happened to you but how does anyone know which statement was the truth?  I wish you all well.

I and my fiancé wrote on our k1 visa story that we met on an online dating site, so that's true enough