King's

17 minutes ago, Shiran said:

Based on the OP post they seem to be more interested verifying that relationship with current petitioner is bona fide, and not about some some fibbing on tourist visa that was disclosed before. I highly doubt they would've done some version of Spokes process on 2nd interview if their intent was to just deny it. The discrepancy was disclosed during first interview, so if their intent was deny due to that, they could've done it there and then, instead it went into AP, and 2nd interview involving USC. They just need sit put and wait, and see what develops. It is out of their hands now until they hear something back. 

Thank you so much!! 

40 minutes ago, Nitas_man said:

 

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!

 

 

 

 

 

 

Well there are still thousands of people that made the mistake and were not put in the position you are seriously pointing at.. You sound so bitter man..!!and so you know, I was asked if I have a prove that I have never been married before which I had with me...and I have not gotten the final decision yet so until then I still stay so positive man...once again thanks. 

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. 

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? 

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... 

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.. 

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. 

3 minutes ago, Alabamak1 said:

first to figure out is to go to the CEAC website and see what it says.....probably AP (administrative processing) or something to those ends. Worse case: Denied

We have checked and it keeps bringing up that it's not updated yet.. 

1 hour ago, Alabamak1 said:

IMO your I-129F is dead and will not go forward.  Have the USC go and consult with a lawyer about how to overcome this. Your case is no longer a DYI even for a spousal visa. You have now a high bar to overcome and you don't want to waste more money on something that may or may not be easy to overcome. Definitely try to figure out what will happen to your I-129F before you start anything else.

So how do I find out what happens to my 129F?

7 minutes ago, Alabamak1 said:

Well, this might be a problem, because you stated something false and know they may think this beneficiary is lying from there on. If you where put under AP and never come out of that loop, would be better to cancel the fiance process and get married and apply for spousal visa. Just my 2 cents. 

Yes and that's a good advise because we have that at the back of our minds too.. But thanks a lot.. But do you think that after this second interview and actually calling my fiancee to actually confirm whatever is it that they are doing, that we might have a chance? Because they said to contact me again.. No final answer yet or asked to get more evidence or any documents after second interview.. 

2 minutes ago, TandSarahJane said:

Beneficiary is Nigerian (according to profile), which is a high-fraud country.  If u don't have a lot of front-loaded evidence then this is where the red flags start and could be the reason.  Is there a large age gap? Other differences like occupation, religion?

No we don't have large age gap difference.. I'm thinking, like I just answered the other person, my first application for US visa I was wrongly advised to put in that I was married and that have been asked in the first and second interview.. The second interview was very thorough on that and I answered and apologised again like I did on the first interview.. But after all I was not approved or denied but told to be contacted again.. 

5 minutes ago, Alabamak1 said:

we need more info to give you a more accurate idea of what they wanted. But as other have/will say: sounds like you didn't provide enough evidence. Did you provide all the necessary evidence at interview? did you frontload it? was all the financial in order? letter of intent to marry? was there some ring purchased? there is an overwhelming amount of evidence needed and that will make your K-1 approved. 

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.. 

1 hour ago, TandSarahJane said:

From the info given, it sounds like they are not confident about the legitimacy of the relationship. How much time have the 2 of u known each other? How much time together in-person? Evidence of meeting family members, ongoing contact after the initial petition? 

We have know each other more than a year.. She is visited twice.. We have lots of pics and conversations to prove that..evidence of meeting family members is here.. And from the first interview to this second one, they have not asked for any prove yet..that I don't why.. And they did call my fiancee too.. 

I live in south Korea so i had my first interview on the 18th of Dec. 2018. And after that I was placed under AP, and I wasn't given any reasons why or asked to bring any more document, But then barely 1month I was called for another interview which happened this month on the 23rd,and this interview was conducted by the FPU unit,and during this interview my fiancee was called In the US and asked a lot of questions which I have never heard before, but then it all went well because she gave them the answers just like I gave them while they asked me some of the questions they asked her..(and they really asked lots of questions) But then after the interview I was told that I will be contacted again soon. So right now I don't know what else they could be checking, or if I will be called for another interview or something else, or if I will be approved, I and my fiancee are just in this place where we don't just know what else to do.. Please has anyone experienced this? Or know someone that has? Or what's your opinions on this? Do we have hope of been approved? Thanks. 

Please what finally happened? Did your case finally get approved?

4 hours ago, carmel34 said:

A blue 221g usually means they asked for additional information or documents.  Are you sure the form did not ask for more documents?  Your interview was in Nigeria?  Check the forum here in VJ for Nigeria, there may be some clues there about a blue 221g from that consulate.

No I was not asked to bring any other document, when they called they just said that I should come with my passport and any other document that I have.. And I did not have the interview in Nigeria, I had the first one here in South Korea because I live here.. 

31 minutes ago, HonoraryCitizen said:

Not to make you panic unnecessarily however, no it is not normal. No it is generally not a good sign. However do not panic, just review all the documents you sent and if you have previously applied for any kind of US visa, review what you put in the appplication and make sure you have no contradictions.

 

Stay positive and don’t stress, it might be simpler than your wild imaginations. What was the color of the form you were given, if any?

It's a blue form.. 

I had my first interview on the 18th of last month and after the interview which went well, I was given a 221g (administrative processing) and then I was told to be contacted if anything is required of me, but then barely a month to that I was called and told that I will be coming in for another interview this month and no additional document was required of me.. So my question is, is this normal? Second interview? Is this rare? Has anyone had this experience before?is this suppose to be a good sign? 

3 hours ago, Paul & Mary said:

Have you contacted the embassy / consulate?

 

What country is this for?

 

Advise  to others - don't wait to schedule the appointment.  You don't need to wait for medicals once you have your case number.

Yes we have,this lady that responded...we are not really sure she knows that very well  because she had to ask us to hold on severally to ask questions then answer us, but at the end she said that we should go on and schedule an appointment but that we should wait to hear from the consular too, the country is south Korea.. Thanks. Is there a way to fasten hearing from the consular? 

We got approved September but had to wait till November to get notified by the embassy and after two weeks of notification I went for my medicals last week the 29th of November and after that we paid for the visa interview and tried scheduling interview, but it happened that we couldn't get any appointment this December, the nearest available is on January 8 and our petition expires on the 6th of January, please what do we do to get extension of our petition? Thanks.. 

Hello everyone.. We got our noa2,we got approved, and though it really felt great after all the waiting...but though it was approved since September 10th,and it is 29th of October today, we have not gotten any other notification, we have called but we keep getting that "its still on process. Please what could be the problem and does it take that long? Thanks. 

11 minutes ago, Ben&Zian said:

 

Documents to gather can vary by country. What country is the beneficiary from?

 

At this point the petition will go to NVC to receive a country specific case number, then forwarded on to the embassy there.

 

At this point, the petitioner can start gathering financial information (pay stubs, letter from employer, W2's/Tax transcripts, banking statements, ect) and begin to look at the I-134 document.

 

The beneficiary should probably go a head and start getting police report(s), birth certificate copies, new passport photos.

 

Once you have a case number, again depending on the country, you could start to plan to schedule the medical and interview.

I'm actually the beneficiary and I am from Nigeria but live in South Korea.. So I'm suppose to get the police report from here and my country of origin? Or just here that I live now? Thanks. 

Hi everyone.. My I-129f was approved yesterday.. Atleast that months of waiting for that to happen has been worth it.. But my question is.. What's the next step, I mean what am I to expect next? Like how long will it take from now to hear from them? And what documents do I need to get ready starting from now? I would really love to get answers to these questions.. It will really be a good help.. Thanks. 

Hello all.. This month of june made it 4 months of our application and waiting of the Noa2.. My question is.. Is it going to take more months?and when is the maximum time for the Noa2 to arrive. Thanks. 

Hello everybody, the 21st of this month made it 2month's that we submitted our k1 package..we have not heard anything yet so i am hoping everything is going fine, but my question is does it mean everything is really going fine? And again, how much more time are we suppose to Wait till the interview stage?how long does this process really last actually?  Thanks.