Denied. When and How do I refile?

[ziggyzaazaa 14]

My fiancee was denied the K-1 Visa since they claim we did not prove boni fide relationship. I have no more detail on our case and after contacting the senator, it doesn't seem I will get any further explanation except from what this letter describes.  The interview was complicated, none of our documents were reviewed at the interview and my fiancee was sent away with the white recommend revocation (other) paper. The officer made up her mind without giving us a chance to provide any additional proof. So Case closed, and I have accepted it. What next?

 

The Lagos Embassy replied to the senator, and this is the letter I received back from them today.  I think at this point an immigration lawyer may be a waste of money due the research I have done based on fighting K-1 denials. Can I refile the K1 immediately? Does anyone know how long I have to wait to do that and the process?  I thought maybe to get married, but I have 3 kids I cannot take or leave in the USA alone, so to make a trip like that would cost at least 7 to 10 thousand dollars in plane tickets, visa fees, passports, document fees, etc. Either way, my option of getting married in Nigeria or getting a lawyer exceed what I can afford and if I ever am able to go it would take years to come up with the money like that. I already know I could try to get a better paying job, but I am really praying for an easier solution (if there even is one). Is there any possible way my fiancee can even visit America?  I will do whatever it takes. Thank you for advice. 

 

letter from senator visa journey.pdf

[Roel 7,191]

Isn't this like your 3rd thread about the same thing? I believe you got a lot of advises in your previous topics. But I'll repeat that for you.

 

Refilling K1 won't do you any good. You need to address reasons why you were denied. Remember? The consul thinking that you were married?

You also NEED MORE face time. Skype or facebook doesn't matter. USCIS won't care that the trip is expensive. There is little to none chances that your fiancee will ever receive any kind of non-immigrant visa.

 

You were advice to address those reasons and also probably pursue the CR1 visa.

[Maryland 13]

Roel..why do you have to be so angry that she asked this question before? Calm down. She must be in a corner and seeking advice. 

[Roel 7,191]

I'm not angry but this is borderline spamming at this point. OP's first threat got like 9 pages full of advises already. OP's acting like none of those answers matter, because she keeps asking same questions (she already got answers).

Edited March 7, 2017 by Roel

[Georgia16 2,858]

Refiling won't help you so much before you provide more evidence. More meeting face to face time would help you very much.

 

I know you say it's expensive and I get that I really do but you have to do it. You don't have to go there see where he can come there is pretty close to the US and then go there that will make it a bit cheaper. 

 

A lawyer will not be able to help you more. 

[ziggyzaazaa 14]

1 minute ago, Roel said:

I'm not angry but this is borderline spamming at this point. OP's first threat got like 9 pages full of advises already. OP's acting like none of those answers matter, because she keeps asking same questions (she already got answers).

No, I am simply asking if I can refile the K-1 Visa? This would be my preferable choice of action. The moderator said once I heard from the consulate I could look for further instruction. So that is what I am attempting. Also I believe by posting an update on my case can help other VJ members having issues with this very same topic in tragic situations as myself. Am I not allowed to post questions because it your opinion that  I will never be approved for any Non-immigration visa ever? I am still a VJ member too.

[EandH0904 1,184]

I also gave three kids and our K1 wasn't approved either. I'm in the same situation where going to his country would be an undue burden financially to get married. You either give up or you wait and visit more or you just accept the burden and realize that love is worth any cost. We will find a way to get married no matter the cost. 

 

If you dont think you can then you just have to re evaluate what is right for you. You can apply for a visitor visa for him to come to the US or maybe Canada where it would be easier to meet him. It doesn't look like there are any good options for you so you just have to decide which is the one you can live with. 

[Georgia16 2,858]

2 minutes ago, EandH0904 said:

I also gave three kids and our K1 wasn't approved either. I'm in the same situation where going to his country would be an undue burden financially to get married. You either give up or you wait and visit more or you just accept the burden and realize that love is worth any cost. We will find a way to get married no matter the cost. 

 

If you dont think you can then you just have to re evaluate what is right for you. You can apply for a visitor visa for him to come to the US or maybe Canada where it would be easier to meet him. It doesn't look like there are any good options for you so you just have to decide which is the one you can live with. 

There is no way they will approve him for a visitor visa after the K-1 denial. He clearly has immigrant intent.

[Roel 7,191]

It's not my opinion that your fiancee won't be approved for any kind of tourist visa or similar. He already stated an immigrant intent with the K1 visa- Nigerian embassy will not issue him that visa. Also, EandH0904 - he'd have to apply for tourist visa by himself.

 

Like I said, refilling K1 will be pretty pointless until you address reasons why you were denied and spend more time face to face with your fiance.

You were told before what your only options might be - meeting in the third country and getting married or traveling to Nigeria and getting married. Nothing changed here.

Edited March 8, 2017 by Roel

[Ryan H 3,790]

14 minutes ago, ziggyzaazaa said:

The moderator said once I heard from the consulate I could look for further instruction. So that is what I am attempting.

 

**This thread was started within the instructions given by another VJ Moderator.  People can now chose to answer the OP's questions or not; however, no more commentary or Administrative Action could be the result.**

[Lemonslice 4,553]

A couple of ideas:

- have your children enjoy summer camp while you travel to get married

- get married in a third country 

 

Honestly though, plan a lot more face time before you reapply for any kind of visa; I think that is what would improve your chance of approval the most. 

 

[Boiler 43,430]

Nothing is every 100% so taking into account that:

 

You can file another K1, as others have pointed out, if nothing has changed why would the result?

 

CR1 is the more obvious route but there are still other issues to address.

[neilsqueen 433]

Quote

 

I sympathize with your situation because when you're truly in love with someone you can become desperate to make things work.  Your first step would be to prove that you were never married.  Until you clear this up, you will never get another answer.  Your love will never be with you in the US.  Even if you decide to take the CR1 route, remember you can still be denied.  Your biggest obstacle is that the embassy has said they think you have been married.  Prove this to be incorrect and then, and only then, can you move forward and hope for a favorable outcome.  As others have said, if you do not have more face time, you will not get approved either.  This is an absolute must!!  Take the advise and meet in a country that isn't as far away from your home.  These are the sad but realistic facts.  It totally sucks but it's life.  I feel horrible for you because I know what it feels like to be in love.  I pray that you will clear up what was questioned and be able to spend the rest of your life with the one you love.  Best wishes to you!

[Boiler 43,430]

9 minutes ago, neilsqueen said:

I sympathize with your situation because when you're truly in love with someone you can become desperate to make things work.  Your first step would be to prove that you were never married.  Until you clear this up, you will never get another answer.  Your love will never be with you in the US.  Even if you decide to take the CR1 route, remember you can still be denied.  Your biggest obstacle is that the embassy has said they think you have been married.  Prove this to be incorrect and then, and only then, can you move forward and hope for a favorable outcome.  As others have said, if you do not have more face time, you will not get approved either.  This is an absolute must!!  Take the advise and meet in a country that isn't as far away from your home.  These are the sad but realistic facts.  It totally sucks but it's life.  I feel horrible for you because I know what it feels like to be in love.  I pray that you will clear up what was questioned and be able to spend the rest of your life with the one you love.  Best wishes to you!

Most of us were of a view that the married aspect was a miscommunication and it certainly was not mentioned as the reason for the refusal.

[NigeriaorBust 4,087]

Second petitions have a higher success rate no matter what type they are.  That being said they are much better because you know what the problem is ( at least in general)  and you can explain your side in great detail.  Don't just throw an identical petition at them .