Stuck between filling Spousal visa and Fiance visa

[Ms.F.Brown 7]

I have a friend that got married in 2013 to her husband in Nigeria. But she had just got divorced 2 weeks before hand. She filed the C1/R1 petition in April of 2015. The USCIS denied her petition because she didn't wait 30days between marriages. They told her to file the K1 visa instead. During the time of her waiting to file the K1. She found out her ex-husband didn't file the divorce papers. Which mean they was still married in the USA. So she processed the divorce papers herself in October of 2015. After all the confusion was fixed and settled she filed for the K1 visa in 2017. Everything went through good with just one RFE (Copy of her BC). Her husband went to the Interview for the K1 visa monday and got denied. The embassy of Nigeria told him that they need to file the I-130 because they are married (Which is true). So now she is stuck in the middle of 2 visa processes. Because in the USA eyes they not married. But in Nigeria eyes they are married. Can someone point us in the right direction to get help on what to do plz?

[Roel 7,191]

File for spouse visa. No other way around it, I suppose. Since the embassy know they are married now.

 

[Crazy Cat 39,362]

4 minutes ago, Ms.F.Brown said:

I have a friend that got married in 2013 to her husband in Nigeria. But she had just got divorced 2 weeks before hand. She filed the C1/R1 petition in April of 2015. The USCIS denied her petition because she didn't wait 30days between marriages. They told her to file the K1 visa instead. During the time of her waiting to file the K1. She found out her ex-husband didn't file the divorce papers. Which mean they was still married in the USA. So she processed the divorce papers herself in October of 2015. After all the confusion was fixed and settled she filed for the K1 visa in 2017. Everything went through good with just one RFE (Copy of her BC). Her husband went to the Interview for the K1 visa monday and got denied. The embassy of Nigeria told him that they need to file the I-130 because they are married (Which is true). So now she is stuck in the middle of 2 visa processes. Because in the USA eyes they not married. But in Nigeria eyes they are married. Can someone point us in the right direction to get help on what to do plz?

The K-1 was rightfully denied. She should never have filed the K-1 for her current husband. They ARE married in the eyes of the USA.  She must now start over with the CR-1/IR-1 process.

[Ms.F.Brown 7]

The Embassy of Nigeria always know she was married. Which is why the K1 visa was denied. It was USCIS that denied her IR-1/CR1 in 2015 and told her to file the K1 because they wasnt married in the eyes of States. So now shes stuck in between USCIS and the EMBASSY.

[Boiler 43,576]

Husbands do not qualify for K1's.

[ms_bobdog 501]

I don't get how they are not considered married in the US. At the point she filed for the K1, she was already legally divorced from her first husband and legally married to the second. So why would she file for a K1 at that point?

[Roel 7,191]

No matter where in the world they marry, US recognize it. (at least from what I know)

[Ms.F.Brown 7]

1 minute ago, Boiler said:

Husbands do not qualify for K1's.

Yes we know that they dont. But what do she do when the states say they arent married???

[Ms.F.Brown 7]

1 minute ago, ms_bobdog said:

I don't get how they are not considered married in the US. At the point she filed for the K1, she was already legally divorced from her first husband and legally married to the second. So why would she file for a K1 at that point?

USCIS told her to file for the K1 because in their eyes she was not legally married to the second husband. They said she didn't wait the proper wait time between the marriages (30 days).

[Ms.F.Brown 7]

4 minutes ago, Roel said:

No matter where in the world they marry, US recognize it. (at least from what I know)

From my understanding i thought the same thing.

[Boiler 43,576]

30 days is her State requirement?

 

Get married again?

[TNJ17 1,329]

I don’t understand how this is a surprise for such a large group of people, but newsflash, if you’re married somewhere you’re married everywhere. It was stupid of them to file for K1 visa when they were already married. The first thing about K1 is that you state you’re free to marry which they aren’t. They lied to immigration hoping to cut the time short. There is no way immigration would overlook that. File for the right visa, spousal visa in case that’s not clear, and wait out the time. It’s a made your bed gotta lie in it situation. 

[ms_bobdog 501]

My bigger concern here isn't so much that she thinks that USCIS doesn't see her as married, but that she had committed polygamy. At least from whatever I can see from the story, she wasn't legally divorced when she re-married, am I right? Or am I missing something?

[Ms.F.Brown 7]

32 minutes ago, ms_bobdog said:

My bigger concern here isn't so much that she thinks that USCIS doesn't see her as married, but that she had committed polygamy. At least from whatever I can see from the story, she wasn't legally divorced when she re-married, am I right? Or am I missing something?

No she had already filed for her divorce before she got remarried. Now did she know she had to wait 30 days??? That part i dont really know.

[Ms.F.Brown 7]

39 minutes ago, Boiler said:

30 days is her State requirement?

 

Get married again?

I told her that she should've renewed her vows in 2015. When they first told her that her marriage wasnt valid.