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Paul & Mallory

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About Paul & Mallory

  • Rank
    Platinum Member
  • Member # 269412

Profile Information

  • City
    Rock Hill
  • State
    South Carolina

Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    California Service Center
  • Local Office
    Charlotte NC
  • Country
    Sweden

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  1. Paul & Mallory

    Visa Denied

    You were likely denied because you were visiting your boyfriend in the US (a reason to possibly overstay or possible intent to immigrate), and if you did not have enough evidence of strong ties to your country, that'll do it. Having kids back in your country alone would not be strong enough evidence of ties to your country - many people will immigrate ahead of their family (spouse or children or both) to the US to become established, with intention of bringing them to the US down the road. I have 3 people who work at the company I do from the Philippines living here right now in that exact situation. I'd suggest making sure you do have better proof of your ties to your country, and proof you have reason to return, should you decide to apply again. Also note (since you mentioned it in another post) - if you and your boyfriend have intentions to eventually use the K1 route, you have to be fully, legally divorced (not married or separated) in order to even apply, or that will be denied also. Just be aware and research avenues well before taking them, so you don't waste any time or money.
  2. I think it's worth re-mentioning that leaving without AP or green card is abandoning AOS. This means she cannot come back, under this particular status or circumstance. She cannot return home, and then want to come back and try again. You guys would have to file all over again for a CR1, as you are married now, and go through that process. I know you mention this in your post, but feel it is worth addressing directly. Some people make choices thinking they can change their mind again if they want to, but there always comes a point in immigration that is of no return, and you cannot change your mind again. Just make sure you are BOTH aware of that before moving forward.
  3. Perhaps I've misunderstood something, but... this country does offer many paths to citizenship - legal paths. If we created an easy path for people who break the law and enter illegally to "cut in line", so to speak, and gain citizenship before, or alongside, those who take a legal route, what are we solving? It would become chaos and nobody would have any concept or respect of laws or rules. Yes, these people are human. But the fact that the mother in law isn't a murderer or other type of criminal does not negate the fact that laws were broken - multiple times. That's what everyone is frustrated and heated about. Not that this is the same at all, but for metaphorical purposes - would you walk away from a long 10 or 12 hour day at work, come across someone robbing a bank and walking out with more money than you just worked so many long hard hours for, and decide they deserve it? Just because they broke a law - they didn't kill anyone, after all - and achieved the end goal faster than you did by working? Just saying.
  4. With your amount of face time together, that sort of evidence could pass as secondary and not need to be quite so detailed. I'd worry more about providing evidence of the in-person encounters, such as boarding passes, flights, etc. For us - we only provided email, FaceTime, and call logs. We did not include transcripts or actual conversations. This sufficed just fine. If you DO need to provide evidence that has actual conversations, I don't see why you couldn't just black out the words or sentences you don't care to share.
  5. As an American, I'd like to take the time to apologize for any rude Americans that don't know how to act around foreign-born residents or citizens, and also state that we are not all as dumb as a lot of us seem to portray us to be. I can only understand to an extent, of course, because I am from here. But I see my husband get it all the time. He's biologically Filipino, but born and raised Swede (his parents immigrated to Sweden in the 60s). So he kind of get it two fold from folks - people obviously can tell he's not from here by his accent, and when he says he's from Sweden, there's always a bit of surprise because he doesn't "look Swedish". Then if it comes up where his parents are from, he gets questions about the Philippines versus Sweden, and then Sweden versus America. He's formed a habit now, when answering the question of where he's from, to immediately just say "Sweden - I know, I know, surprising! I'm brown". When he gets the comment of "why would you leave Sweden for this place!" (which he HATES), he just says "Why not? I love America" (with an unspoken "don't you?" cadence at the end), to which people normally seem to back off. Honestly, I think it's all out of curiosity. Some people just don't think before they speak or realize how something they say comes off. I'm sure there are some people who are genuinely rude out of ignorance, but I like to believe a majority is harmless. If it were me, and it's more frustrating simply because you don't recall as much from your home country because of how long you've been here, I'd just say that. Nothing wrong with it. "I'd love to be able to talk about it, but I moved here at [insert age] and honestly don't remember much about it. I consider America my home!" and maybe they will back off. Most people don't read between lines very well.
  6. Take it as a lesson learned. Divorce. Move on. The beneficiary's immigration is no longer in the petitioner's hands, and no longer of their concern. Worrying about whether she'll be able to fulfill immigration on her own won't help - you can't undo what's already been done, and that's the price you pay for legally vetting someone by marrying them and bringing them here as the spouse of a USC.
  7. Paul & Mallory

    K1 visa denied

    I must have missed that before it got deleted. The age gap, given the high fraud country, may have still played a factor.
  8. Paul & Mallory

    K1 visa denied

    I know it seems unfair, especially if you are in fact a legitimate couple, but it is the nature of the beast. Immigration is a privilege, not a right. And unfortunately, though no fault of your own, Nigeria is a high fraud country - and usually with scenarios where the woman is much older than the man and the man is the beneficiary. With that in mind, COs have to be extra cautious and particular when reviewing these cases, and with any amount of red flags, a denial is highly probable. With the age difference and lack of face time (two average-length visits may not have been enough), this is most likely the reason for the denial. As others have said - even if you get married and attempt a CR1, these red flags will not go away. I would suggest as much more face time together in person as possible before going that route, if you do. It's still not a guarantee, but will put you in a much better position than the first go around.
  9. Paul & Mallory

    Visa Refusal: Kindly explain where I went wrong?

    ^^Also a good point. Most of the time, if they don't ask about something or ask to see something you have, more than likely they've already reviewed that and it's already been factored into the decision.
  10. Paul & Mallory

    Visa Refusal: Kindly explain where I went wrong?

    Nobody's forcing marriage down people's throats, and I doubt he was angry at you for not being married. It's all about proving your intent to return home and not overstay. Most of the time, if someone has a family left in their home country depending on them and expecting them back, they seem less likely to be an overstay concern. This is why they ask those questions. In my personal opinion, the fact that you hadn't traveled to the US before wasn't necessarily a deal breaker on its own, but perhaps they were looking for a prior visit history showing you've obeyed a tourist visa in the past and have not overstayed before. I think it's more so a lack of solid evidence, not so much a presentation of poor or negative evidence. Just not enough supporting ties to your home country, unfortunately.
  11. Please don't listen to the person who told you to wait to apply for AOS until you have a bunch of evidence. :| All you need for the application is the marriage certificate, as others have said. Any other evidence you have supporting your marriage would be best presented at the actual interview, which will take a few months, at best, to even happen. So it gives you time to get things together, like adding your spouse on insurance, utilities, etc. I recommend setting aside a folder, box, whatever, somewhere, so you can start dropping in copies of things to use as evidence as you get them accomplished between now and then. You are fine to go ahead and send the application before checking anything off your list - my husband still had vaccination requirements to fulfill when we mailed out his application, and having it all completed and available later at his GC interview sufficed just fine, no problems.
  12. FYI, it is recommended to show proof of intent to marry when submitting an I-129 for a K1 visa with something along the lines of a "letter of intent". It's basically a (well) written letter affirming yours and your partner's intent to marry one another, upon entry into the US with a K1 visa for the beneficiary, signed by the aforementioned parties. Engagement photos, proof of an engagement party, or proof of an engagement ring being offered is not required. Also - if one becomes denied for a K1 visa based on evidence leading the officer(s) to believe the couple is already married ("too married"), then they would need to fulfill any remaining legal requirements for marriage, if applicable, and then file for a CR1 as a married couple.
  13. There is a plethora of threads about this particular point all over this website. It happens, and quite commonly. Nothing new. You're either married or you're not, until you're someone applying for a FIANCE visa but got married, or get married while waiting, and try to pass it off as an engagement so as not to hinder the visa approval. Which happens. And is why the officers will deny a case if they have any reason to believe a couple is married in any way, in any country, because that literally goes against the entire point and purpose of a K1 visa. I'm a Christian. And I have never heard of a church engagement as official as the OP described. So, unfortunately, there is a good chance the officer who ends up reviewing this when it's all said and done may not have, either. And will view it as a marriage or wedding ceremony. We certainly do not WISH this outcome on you, OP - the aggressive approach to driving this probable outcome so hard is to properly convey to you the reality of it happening. Best thing to do is hope for the best, but plan for the worst - go ahead and have a backup plan just in case there is a denial in the future.
  14. This. That's why folks were asking where you will be living - it makes a difference. CR1 and K1 visas are not tourist visas, they are immigration visas. If you do not plan on living in the US together as a married couple, these may not be the best options for your partner at this time.
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