After k1 second interview

[Jeanne Adil 1,651]

i can guess at the questions they asked

why are you living in south Korea?

Did you interview there thinking it was easier to get visa than Nigeria?

Did you go there for a different gf?

Was your first interview in Nigeria?

What are your strong ties to your home if you are Nigerian living in South Korea?

if  you were told "to married"  for a K1,   it happens to many from Nigeria as the photos look  like marriage  celebration

so,  you need to marry and file CR1

 

just my opinion but i  don't see the need for a lawyer

they thought you were to married for a K1 (happens a lot in Nigeria and many return to marry and successfully file a CR1)

just need to have a lot of patience 

but strong ties mean return to Nigeria and show those are real as saying this is usually for a tourist visa to prove u will return to that country as you have a job there and own property

 

and forget the K1   i would say that is dead

Edited January 26, 2019 by adil-rafa

[Nitas_man 3,100]

8 hours ago, King's said:

OH yes I provided everything needed.. But there is one thing though.. The first US visa I applied for, I was wrongly advised to put that I was married even though I was not, I was advised that it shows that I have a strong tie at home and that? They have asked me about in both the interviews so far..and I was truthful in the both and apologised.. But the second interview was really thorough and my fiancee was called and was asked some questions too.. 

That one thing is called “material misrepresentation” and it qualifies for lifetime ban.  People who do that deserve and fairly earn that ban.

Stunning news:  everyone’s sorry after they’re caught.  

“Someone told me” is the sorriest excuse I can imagine, as if you are not a grownup unable to discern between right and wrong.

What I think:  You’ll be lucky to get any kind of visa.  What I learned a long time ago:  you make a bed, you better be ready to sleep in it.

Edited January 26, 2019 by Nitas_man

[King's 1]

5 hours ago, Roel said:

 

Hah. This is the stupidest advice ever and unfortunately you're not the first person who comes to this forums telling the same exact story.

 

Don't bother with K1 visa anymore. Get married and file for CR1 visa. In a meanwhile you need a document saying that you're "free to marry" aka "divorced" from your fake marriage. That is if they don't slap misrep on you. Just saying that you're sorry doesn't mean much...

So after the last interview I was told that I will be contacted again.. Is it better to wait a little? That interview was really extensive and thorough and my fiancee was called and asked some questions too... And if we decide to proceed with the spousal visa how do we cancel the k1, assuming we ve not heard anything... And the CEAC website is showing "no updates" on our case. 

[King's 1]

1 hour ago, Nitas_man said:

That one thing is called “material misrepresentation” and it qualifies for lifetime ban.  People who do that deserve and fairly earn that ban.

Stunning news:  everyone’s sorry after they’re caught.  

“Someone told me” is the sorriest excuse I can imagine, as if you are not a grownup unable to discern between right and wrong.

What I think:  You’ll be lucky to get any kind of visa.  What I learned a long time ago:  you make a bed, you better be ready to sleep in it.

Oh man why are you soo hard on me.. You don't even know the situation why that happened,you never met me before..that was my first time of ever applying for a visa.. Well thanks for your input though.. 

[King's 1]

5 hours ago, adil-rafa said:

i can guess at the questions they asked

why are you living in south Korea?

Did you interview there thinking it was easier to get visa than Nigeria?

Did you go there for a different gf?

Was your first interview in Nigeria?

What are your strong ties to your home if you are Nigerian living in South Korea?

if  you were told "to married"  for a K1,   it happens to many from Nigeria as the photos look  like marriage  celebration

so,  you need to marry and file CR1

 

just my opinion but i  don't see the need for a lawyer

they thought you were to married for a K1 (happens a lot in Nigeria and many return to marry and successfully file a CR1)

just need to have a lot of patience 

but strong ties mean return to Nigeria and show those are real as saying this is usually for a tourist visa to prove u will return to that country as you have a job there and own property

 

and forget the K1   i would say that is dead

And yes I was asked why I live here.. But the thing is I have been living here even before I met my fiancee.. So I live and work here and it was only normal for us to file here when it's so obvious that I live here.. And no I'm not here for a gf, like I said I live and work here... My first interview was here coz this is where we filed... 

[TandSarahJane 178]

20 minutes ago, King's said:

So after the last interview I was told that I will be contacted again.. Is it better to wait a little? That interview was really extensive and thorough and my fiancee was called and asked some questions too... And if we decide to proceed with the spousal visa how do we cancel the k1, assuming we ve not heard anything... And the CEAC website is showing "no updates" on our case. 

If the CO returns the petition right away (as in "no visa, ineligible") to the NVC, then that should be 30-40 days +/- from your 2nd interview.  The CEAC status will say "Returned". Otherwise you could be in Admin processing forever.    You could certainly wait and see.

[King's 1]

27 minutes ago, TandSarahJane said:

If the CO returns the petition right away (as in "no visa, ineligible") to the NVC, then that should be 30-40 days +/- from your 2nd interview.  The CEAC status will say "Returned". Otherwise you could be in Admin processing forever.    You could certainly wait and see.

So when it gets returned what could be the next? Does that mean denied? Can we do anything at that moment? 

[TandSarahJane 178]

2 minutes ago, King's said:

So when it gets returned what could be the next? Does that mean denied? Can we do anything at that moment? 

There are a lot of what-ifs here. If u are banned then u have that to work through if u and your fiancee get married abroad and then apply for CR1 (read about i601 waiver for inadmissibility, definitely have a lawyer). If your k1 is returned to the NVC then the petitioner should withdraw the petition in writing otherwise it could take a long time to clear itself from the process.

[geowrian 22,335]

17 hours ago, King's said:

OH yes I provided everything needed.. But there is one thing though.. The first US visa I applied for, I was wrongly advised to put that I was married even though I was not, I was advised that it shows that I have a strong tie at home and that? They have asked me about in both the interviews so far..and I was truthful in the both and apologised.. But the second interview was really thorough and my fiancee was called and was asked some questions too..  

This is likely to become a big issue. An apology is nice, but doesn't resolve it by a long shot.

If deemed material, this misrepresentation has a permanent (but waivable) bar.

The bigger issue is they are likely to require evidence of the marriage being dissolved. Kinda hard when no such marriage existed.

 

They also seem to have doubts about the relationship. Once that item is passed and you are otherwise eligible for the visa, the above items may come into play.

 

Please keep the thread updated with what happens.

[IknBarbie 10]

10 hours ago, TandSarahJane said:

If the CO returns the petition right away (as in "no visa, ineligible") to the NVC, then that should be 30-40 days +/- from your 2nd interview.  The CEAC status will say "Returned". Otherwise you could be in Admin processing forever.    You could certainly wait and see.

Hi there..sorry to jump in here please can the CO send the case back to NVC without updating the ceac website? Or without the knowledge of the beneficiary and petitioners?

[TandSarahJane 178]

5 minutes ago, Jerooz said:

Hi there..sorry to jump in here please can the CO send the case back to NVC without updating the ceac website? Or without the knowledge of the beneficiary and petitioners?

I am certainly no expert in these matters but i do read a lot.  If u search here on VJ for others that post their experiences for NVC returned, u will find that CEAC does have the status info within a few days.  Analysis of whether the CO informed them would be only as good as what people decided to share in their posts and is likely skewed.

[Kingdomcome84 18]

This is why Nigeria is deemed to be "High Fraud". Everyone either applying for a tourist visa with the intent to overstay OR come pregnant and birth a child and go back. it makes my fiancé case more difficult to prove a bonfide relationship. I'm going back this April and will be my 4th visit within a year. hopefully racking up these passport stamp would be enough to overcome obstacles like this

[King's 1]

5 hours ago, geowrian said:

This is likely to become a big issue. An apology is nice, but doesn't resolve it by a long shot.

If deemed material, this misrepresentation has a permanent (but waivable) bar.

The bigger issue is they are likely to require evidence of the marriage being dissolved. Kinda hard when no such marriage existed.

 

They also seem to have doubts about the relationship. Once that item is passed and you are otherwise eligible for the visa, the above items may come into play.

 

Please keep the thread updated with what happens.

Thanks for your answer! But do you think a spousal visa would have made the difference? and if I had the interview at my home country?do you think it could be "? deemed material"? Because towards the end of the interview the CO gave me this paper to write and sign that some of the information I put in the first application was not true, and I got a bit hesitant but she said that I don't have to but that it's really going to help if I do write it and sign. 

[Nitas_man 3,100]

15 hours ago, King's said:

Oh man why are you soo hard on me.. You don't even know the situation why that happened,you never met me before..that was my first time of ever applying for a visa.. Well thanks for your input though.. 

2 hours ago, King's said:

Thanks for your answer! But do you think a spousal visa would have made the difference? and if I had the interview at my home country?do you think it could be "? deemed material"? Because towards the end of the interview the CO gave me this paper to write and sign that some of the information I put in the first application was not true, and I got a bit hesitant but she said that I don't have to but that it's really going to help if I do write it and sign. 

 

 

Claiming married when not on a B application is classic material misrep and mentioned on several immigration law sites.  It usually meets all three standards: “willful”, “intent to deceive”, and “material”.  

 

Intent applies when you were denied the benefit.

 

It does not matter if it had been a spousal visa.  To get a spousal visa you have to bring divorce decrees for the previous marriage disclosed at the last interview to the spousal visa interview.  

 

You would still be in the same place you are today.

 

https://dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/

 

This is (some) information on the process.  Basically and in summary your USC petitioner has to prove extreme personal hardship if you are not allowed to enter the US.  That is very difficult if you are not the family breadwinner or caretaker or somehow critically connected to the household.  

 

Fiances rarely are and marriage after this is caught then a claim of extreme hardship afterwards pretty much smells like it sounds when I type it.

 

Good luck!

 

 

 

 

 

 

[Nitas_man 3,100]

3 hours ago, kingdomcome84 said:

This is why Nigeria is deemed to be "High Fraud". Everyone either applying for a tourist visa with the intent to overstay OR come pregnant and birth a child and go back. it makes my fiancé case more difficult to prove a bonfide relationship. I'm going back this April and will be my 4th visit within a year. hopefully racking up these passport stamp would be enough to overcome obstacles like this

One of the reasons it deeply ticks me when I see things like this are the trickle-down effects to those who accurately fill out their applications in spite of it being their first time or someone told them to lie on it and that made lying OK.