Denied k-1 what can be done?

[LionessDeon 2,061]

5 minutes ago, Kehinde said:

Maybe in a few months I will be screaming saying "our petition was reaffirmed ".

 I have only heard of one K-1 visa case being reaffirmed and her name is Lala64 if you want to contact her. But as soon as they got denied she immediately contacted the embassy asked for second interview hopped on a plane and flew down there to be present for the second interview.  It was not Nigeria it was Jamaica. And honestly she got very lucky. It is not the norm and it was not easily done. 

[Ebunoluwa 6,140]

I was surprised to read that your K1 was returned because you posted that your fiance was notified that the visa was ready.
How can it be ready and hours later returned, what happened there ? Was your fiance mistaken ? Was he called in for another
interview ?

 

The returned process of a K1 is as follows : It is returned for a short stop at NVC which then forwards it to USCIS

where it will be purposely expired. It will not be reaffirmed like a CR1 spousal visa. NVC will not and can not over rule the
Embassy's decision and USCIS will not reaffirm it. You have to marry and file a CR1 and overcome the reasons for the refusal

with evidence in your next petition or file another K1 which in your situation I would not recommend. A CR1 is the more stable
visa to go with. If returned you have a chance to rebut it.

You said that the reason for your current refusal was that they did not believe your relationship is bona fide.
The question you have to ask yourself is why do they think that ?
Which brings me to your immigration journey from 2011 where you were denied a CR1.
Please understand that filing for 2 different beneficiaries is heavily scrutinized by your embassy.
(I filed for another beneficiary 10 years ago and it came up not only in the K1 interview of my now husband but it followed us
all the way to a stokes AOS interview.)
You have a small gap of time in between the relationships and that is a huge red flag and I believe it has to do with your now K1 refusal.

1. Did you frontload the I-129 petition ? If yes, with what relationship evidence ?
2. What did the last 221g say he received ? I do not mean the issue with the birth certificates previously but the latest one ?
3. Was there any data entered that may have come out inconsistent when they cross checked your petitions or any of his
applications ? (B2, student visa, any previous K1's ?).
Were you at any time ever hit with a misrepresentation ?

I think this goes way beyond lack of chat logs and the usual lack of evidence and I don't know what exactly you submitted.
It is of upmost importance to pay attention to every detail from 2011 to now as it all ties together.
Did your ex husband you petitioned in 2011 make it to the USA after he too was denied and after you send the NOIR, did he
have a second interview and what was the outcome ? You need to give a lot more detail to troubleshoot what has gone wrong.
 

I am sorry you are experiencing this but at this point I advise you to live in Nigeria with him for a few months, marry
and try a CR1. I would also do a FOIA through a lawyer to get the specifics of the reason(s) for the denial(s).
If you don't overcome the real reasons of denial you will be on a merry-go-round with the exact same outcome, a denial.
Lack of bona fide is just a blanket statement and where it mostly means lack of visits or relationship evidence that is easily
overcome with more proof, I believe it has to do with your petition history.


 

 

 

[Ebunoluwa 6,140]

3 hours ago, LionessDeon said:

 I have only heard of one K-1 visa case being reaffirmed and her name is Lala64 if you want to contact her. But as soon as they got denied she immediately contacted the embassy asked for second interview hopped on a plane and flew down there to be present for the second interview.  It was not Nigeria it was Jamaica. And honestly she got very lucky. It is not the norm and it was not easily done. 

 

It works for some but we seldom see good results but it is definitely worth a try.
That would be overturning a CO's decision, a changing of their minds so to speak, as only USCIS can reaffirm and they won't do that
with a K1 as we already know.

It has to be done immediately and Lagos does not communicate well with petitioners so she would have to request a second
interview through a senator if they won't respond to her email/phone calls. I have seen it work a few times. Wouldn't happen in this case
I believe.

[Kehinde 45]

7 hours ago, Ebunoluwa said:

I was surprised to read that your K1 was returned because you posted that your fiance was notified that the visa was ready.
How can it be ready and hours later returned, what happened there ? Was your fiance mistaken ? Was he called in for another
interview ?

 

The returned process of a K1 is as follows : It is returned for a short stop at NVC which then forwards it to USCIS

where it will be purposely expired. It will not be reaffirmed like a CR1 spousal visa. NVC will not and can not over rule the
Embassy's decision and USCIS will not reaffirm it. You have to marry and file a CR1 and overcome the reasons for the refusal

with evidence in your next petition or file another K1 which in your situation I would not recommend. A CR1 is the more stable
visa to go with. If returned you have a chance to rebut it.

You said that the reason for your current refusal was that they did not believe your relationship is bona fide.
The question you have to ask yourself is why do they think that ?
Which brings me to your immigration journey from 2011 where you were denied a CR1.
Please understand that filing for 2 different beneficiaries is heavily scrutinized by your embassy.
(I filed for another beneficiary 10 years ago and it came up not only in the K1 interview of my now husband but it followed us
all the way to a stokes AOS interview.)
You have a small gap of time in between the relationships and that is a huge red flag and I believe it has to do with your now K1 refusal.

1. Did you frontload the I-129 petition ? If yes, with what relationship evidence ?
2. What did the last 221g say he received ? I do not mean the issue with the birth certificates previously but the latest one ?
3. Was there any data entered that may have come out inconsistent when they cross checked your petitions or any of his
applications ? (B2, student visa, any previous K1's ?).
Were you at any time ever hit with a misrepresentation ?

I think this goes way beyond lack of chat logs and the usual lack of evidence and I don't know what exactly you submitted.
It is of upmost importance to pay attention to every detail from 2011 to now as it all ties together.
Did your ex husband you petitioned in 2011 make it to the USA after he too was denied and after you send the NOIR, did he
have a second interview and what was the outcome ? You need to give a lot more detail to troubleshoot what has gone wrong.
 

I am sorry you are experiencing this but at this point I advise you to live in Nigeria with him for a few months, marry
and try a CR1. I would also do a FOIA through a lawyer to get the specifics of the reason(s) for the denial(s).
If you don't overcome the real reasons of denial you will be on a merry-go-round with the exact same outcome, a denial.
Lack of bona fide is just a blanket statement and where it mostly means lack of visits or relationship evidence that is easily
overcome with more proof, I believe it has to do with your petition history.


 

 

 

Thank you. This is very helpful.

[soulstriker 274]

cr1 is your next option, good luck

[Kehinde 45]

1 hour ago, soulstriker said:

cr1 is your next option, good luck

Do u think it would help if I got a congressman involved before they send it back.

[LionessDeon 2,061]

1 hour ago, Kehinde said:

Do u think it would help if I got a congressman involved before they send it back.

To salvage the K1?  You would have to.  And from looking at your timeline...which is really confusing...I would say it is probably too late for that.  What was the petition expiration date?  It may have already expired.

Edited January 26, 2017 by LionessDeon

[Ebunoluwa 6,140]

7 hours ago, Kehinde said:

Thank you. This is very helpful.

 

If you answer the questions that you are avoiding it would help you with the feedback you seek.
You need to be very detailed with questions and your history or all we see is tiny bits and pieces and that will not help you

succeed in this puzzle.
You can get free advice here or you can pay an immigration attorney who may have never handled a returned petition from Lagos
and doesn't understand Lagos.
What is needed for either is transparency in your past petition(s) history. Filing over over again will be like running with your head

against the same wall. I am really trying to help you but I can't do my best without you answering the questions I posted in detail.
You need to pull it all together from 2011 to now and not post in fragmented style about this or that.

[MeAlone 161]

44 minutes ago, Ebunoluwa said:

 

If you answer the questions that you are avoiding it would help you with the feedback you seek.
You need to be very detailed with questions and your history or all we see is tiny bits and pieces and that will not help you

succeed in this puzzle.
You can get free advice here or you can pay an immigration attorney who may have never handled a returned petition from Lagos
and doesn't understand Lagos.
What is needed for either is transparency in your past petition(s) history. Filing over over again will be like running with your head

against the same wall. I am really trying to help you but I can't do my best without you answering the questions I posted in detail.
You need to pull it all together from 2011 to now and not post in fragmented style about this or that.

Correct.

Tasha

[soulstriker 274]

2 hours ago, Ebunoluwa said:

 

If you answer the questions that you are avoiding it would help you with the feedback you seek.
You need to be very detailed with questions and your history or all we see is tiny bits and pieces and that will not help you

succeed in this puzzle.
You can get free advice here or you can pay an immigration attorney who may have never handled a returned petition from Lagos
and doesn't understand Lagos.
What is needed for either is transparency in your past petition(s) history. Filing over over again will be like running with your head

against the same wall. I am really trying to help you but I can't do my best without you answering the questions I posted in detail.
You need to pull it all together from 2011 to now and not post in fragmented style about this or that.

yupp ive noticed she has been dodging certain questions , even in other posts she gets asked the same thing but never answers 

[Kehinde 45]

1 hour ago, EricTasha said:

Correct.

Tasha

This petition is different from my last one my last one was cr1 this one is k1

[Ebunoluwa 6,140]

Just now, Kehinde said:

This petition is different from my last one my last one was cr1 this one is k1

And yet it is all tied in to your denial. It matters not what type of petitions you filed and what type of visas were applied for.

Your petition history is on file, gets cross checked with every answer you entered and is relevant to your current case.

Multiple filings are always a concern for most high fraud countries.
Short gaps between petitions are a red flag.
It is a fact and one of several flags in the fraud worksheet that embassies go by.

You can't go forward without addressing the past as much as you want to forget about it.

 

 

[Ebunoluwa 6,140]

My advice is get off the phone, get on a computer and start typing from A-Z what happened with your 2011 petition.
Then list every question your husband was asked about in the interview and answer my other questions I had asked before.

The ball is in your court. You can kick it around and around or shoot a goal.

I am not being mean, I am blunt and tell you like it is. Why ? Because I have been through 2 filings with a larger gap and gained
insight into the process and am here to help anyone who wants help. Took us 5 years for him to get here. Been through hell and back.
I get it. You have a complicated case, if you are in denial you will never get him here. Filing again won't guarantee approval and they
won't magically approve him and overturn your K1. It is time to face reality, that hurts and  false hope feels more comfortable but
it won't bring you to the desired outcome. Time to get busy with a quality new petition package pulling every point together.
Or simply hire a competent immigration lawyer familiar with your embassy.

Edited January 26, 2017 by Ebunoluwa