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jko2332

Too married for a K1 (split)

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Posted (edited)

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

Edited by jko2332

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7 minutes ago, jko2332 said:

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

Did you submit this evidence as part of your petition? 

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Posted (edited)
8 minutes ago, jko2332 said:

Hello, My husband was recently denied his k1 visa because public information ie blogs were calling us husband and wife. The embassy now said we are too married and that we should have applied for a Cr/Ir1 ( we had no clue).  I am having a baby soon and i cant wait for the letter from the US embassy... I need him to come in the country to be with me... If I call uscis to close the case will it effect him getting a  b1 visa? 

He can apply for a visitor visa (B-1 for business, B-2 for tourist). He will be issued the visa or not based on the merits of his case.

With both a recent attempt to obtain a visa for for intending immigrants + a US citizen fiance, the chances are very strong he will be denied. Given the refusal rate for Nigeria on B visas is incredibly high, that makes it nearly impossible IMO. Sorry.

 

If/When you close the case won't impact that decision.

Edited by geowrian

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No i did not submit this evidence....my husband is a public figure in Nigeria so it was plastered everywhere that we are married even though legally we are not...they investigated us.  I think it wont hurt to do the B1/B2 just to try because regardless he still has strong ties to Nigeria and will come back.  

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1 minute ago, Pitaya (火龙果) said:

Interesting case and intro in your posting. You are calling him "my husband" and you were recently denied a K1 fiancee visa at the visa interview at the embassy/consulate? I think I can understand why you were denied a fiancee visa. It does sound like the CO acted in a proper manner. Since he has already expressed immigration intent through the filing of the K1 visa, it is highly unlikely that he would be granted a B1/B2 visa (business/visitor, respectively), due to the recent K1 denial, and also because Nigeria is such a high-fraud country and has an accompanying high B2 visa refusal rate....Sorry. It is likely far easier from an immigration standpoint for you to visit him.

 

You may want to consider starting the CR1 spousal visa process.

 

Good luck on your immigration journey.

Thanks. Its also a habit to call him my husband bc in my country after he pays the bride price....that's what he is..my husband but in the interview he referred to me as his fiance. Either or we will try and make the best decision going forward funny thing is we did all our traditional stuff after we applied so...yea. Thanks for everyone's input!

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Posted (edited)
30 minutes ago, jko2332 said:

Thanks. Its also a habit to call him my husband bc in my country after he pays the bride price....that's what he is..my husband 

The damning evidence.  On the surface it appears they got it correct 

Edited by payxibka

YMMV

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You should definitely consult an attorney beforehand, because there is a 90 days rule which says that you have to wait 90 days between applications with different intents.

If you submit a petition for a B-1/B-2 in less than 90 days from your K-1 visa denial, it might be viewed as misrepresentation of your intent. 

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That’s not true. Highly unlikely he’ll get a tourist visa but nothing preventing him from applying. 

Just now, Gomast said:

You should definitely consult an attorney beforehand, because there is a 90 days rule which says that you have to wait 90 days between applications with different intents.

If you submit a petition for a B-1/B-2 in less than 90 days from your K-1 visa denial, it might be viewed as misrepresentation of your intent. 

 


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54 minutes ago, jko2332 said:

Thanks. Its also a habit to call him my husband bc in my country after he pays the bride price....that's what he is..my husband but in the interview he referred to me as his fiance. Either or we will try and make the best decision going forward funny thing is we did all our traditional stuff after we applied so...yea. Thanks for everyone's input!

I think your choices and decisions are pretty limited.....legally marry and start CR-1 procedures.......He will almost certainly be denied a B2 for immigrant intent.  


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1 hour ago, Gomast said:

You should definitely consult an attorney beforehand, because there is a 90 days rule which says that you have to wait 90 days between applications with different intents.

If you submit a petition for a B-1/B-2 in less than 90 days from your K-1 visa denial, it might be viewed as misrepresentation of your intent

This has nothing to do with the 90day rule as he is only coming to visit and leave until he has the proper papers filed, but regardless we got great advice from our lawyer. Thanks! 

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1 hour ago, NicoleM said:

So you are the US citizen? In your country (which should be the USA?), people don't call each other husband and wife until they are married.

 

What is the bride's price? Like a dowry?? This is also not an American thing..

 

Any kind of 'wedding celebration' (legal or not) makes you too married for the k1.

 

 

Again we did not call each other husband and wife but society did because of his status, I just did today because that is what we were told we are per the interviewer. 

In my CULTURE we have to do many marriage rights before we are legally married. We had no clue paying dowry and having a party would constitute as marriage. 

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