Ola&Adunni

Hello VJ family, this is what wev always wanted, to live together and bond well, Hence why we opt for K1 so that the process would be fast for us to begin our life as a couple.However, The k1 Denail came as a shock for us and we still in our recovery mode..
Now this is our plan,Cr1 takes up to a year or more, so we decide she move here temporarily while we get married and file for our Cr1 from Nigeria and follow the process while we live together as a couple.

Has anyone here done this before? 
what are our chances on our CR1 petition?

what are the advantages and disadvantages?
Your Advice would be highly welcomed,

we would both follow up on your responses. Thank you.

I just check my profile with the embassy and it said my passports are with them and that’s not true ? 

10 hours ago, Yeap said:

Am sorry for the disappointment. The best you can do now is to get marry in Nigeria and file again. Getting K1 in Nigeria is tough expecially with divorce hustory or when you someone have past history on attempt to travel out, VO normally look at it as someone looki g for every mean to get in. During my interview anyone with attempt to travel to US before applying for K1 were denied.  Just stay calm and channel your energy to spousal Visa, which I think is the best, if I know better I would have option for spousal visa,it has alot of advantages over Fiance K1 visa. It might be a blessing in disguise.

Thank Yeap, we have become family here this is very emotional for me , meanwhile my fiancée and I are taking our time to focus on us rather than the immigration drama, she would be moving here soon. God bless you

21 hours ago, JFH said:

I’m wondering if the fiancé was mentioned on the DS-160 for the B-2. It asks if you have relatives (and the notes/instructions include fiancé in the definition of relative) in the USA. 

No I didn’t , it’s unfortunate ignorance was my case, I was told not to tell I was meeting my fiancée and mention my friend . Since I joined VJ, I have become more aware of how it works. The VO asked the date for my divorce but I got confused because there is a different date for the judgment and different dates for Absolute decree and Nisi , if she gave me time to process it would have been a different case. I have a genuine relationship with my petitioner and this has nothing to do with Immigration benefits , i love my fiancée. This has made us stronger ! Thank you all for your opinion, I wish everyone the best of luck 

8 hours ago, dwheels76 said:

So your finace' was petitioning you and your son and you don;t have notarized letter from the mom to remove th child from the country. I am amazed they didn;t ask you for a permission letter. They didn't inquire where she was?
I see this as you answered so in concise they are confused.

I have full custody after the divorce , but during the process of divorce I only had temporal custody 

1 minute ago, Jorgedig said:

Nowhere to be found, and yet you attempted to obtain a visitor visa with her just last year?

Just now, Jorgedig said:

Can you see why your story made no sense to the CO?  

It doesn’t make sense to you because you not following, you are here to judge me. I proceeded with the divorce after the b1/b2 was refused . Things didn’t workout , reconciliations etc .. divorce takes process, 

1 minute ago, Jorgedig said:

Nowhere to be found, and yet you attempted to obtain a visitor visa with her just last year?

Just now, Jorgedig said:

Can you see why your story made no sense to the CO?  

It doesn’t make sense to you because you not following, you are here to judge me. I proceeded with the divorce after the b1/b2 was refused . Things didn’t workout , reconciliations etc .. divorce takes process, 

Just now, Jorgedig said:

It is unusual to apply for a visitor visa and plan a trip with an ex spouse.

She wasn’t my ex yet we were in a middle of a divorce 

2 minutes ago, Jorgedig said:

And your ex is fine with you taking him?  

Maybe not, but the dates and timing of everything certainly looked suspect to the CO.

My ex is no where to be found , . I have the custody

4 minutes ago, Ola&Adunni said:

My son is with me and not in the US, yes I could have answered some questions wrongly. I have my son with me and we both went for k1/k2 visa, I have never been to the USA. 

My son is 6

13 minutes ago, dwheels76 said:

Okay let me point out alot of wrong you did. You could have had all the documents in the world and a wedding invitation. Bottom like you interviewed horribly. You even wrote here in your post, "She focused on my previous b1/b2 travel plan with my ex wife that was refused , and asked if she was joining me to see my fiancé , I told her we were in a middle of a divorce while I met my fiancé. She asked about when I divorced I told her I filled for divorce before I met my fiancé. "

 

So see how that looks you are in divorce proceedings going to US to see your Son and you already meet your fiance'. So you answered badly. That should have been Oh no My fiance has nothing to do with this visit. Instead you opened the door wide open.

How can you be hoping things would work out when you already meet your fiance'. Why didn't your wife just apply for her own visitor visa. Why you did it together?

I am sure they also have all your chats and communications behind the scenes you think they don't know about.

 

Another question how old is your son and how is it he is in the US without his parents?

 

You have no recourse but to marry in Nigeria and file the I-130. Processing time now expect 14 to 18 months.

My son is with me and not in the US, yes I could have answered some questions wrongly. I have my son with me and we both went for k1/k2 visa, I have never been to the USA. 

1 hour ago, Jorgedig said:

This is my thought, too.

That’s not my case 

2 hours ago, Elif_and_Greg said:

Divorces can take a long time to finalize.

 

Usually a divorce decree states somewhere at which point the couple ceased living together. My final divorce decree was not too far from the time I met my now fiance. But in my divorce paperwork, it indicates the ex-spouse and I hadn't lived together for at least two years. 

It does state on the decree the separation date. Thanks for insight.

1 hour ago, Going through said:

Can't think of too many couples that file for divorce in 2017, and then afterward plan a tourism trip together in 2018...especially if one of the parties is all of a sudden engaged to someone else in the meantime.

 

CO probably thought that seemed somewhat fishy.

I wasn’t engaged at the time of the b1/b2 and remember we had a child together , things didn’t workout and I proceeded with the divorce 

50 minutes ago, Rayson said:

Big Issue.

 

You planned to travel with your ex-wife in the middle of a divorce? What was the reason for the travel? Usually, couples in the middle of a divorce are not that cordial to want to travel together.

 

The CO probably felt things did not add up. You will need plenty of evidence when you file the CR1 to remove that doubt.

We were not cordial, I was visiting my son and she heard about it ,meanwhile we were hoping things would work out 

1 hour ago, designguy said:

Well you can only apply for a CR1 once you've married. So the next step would be to get married

Is this is good sign ? All supporting documents wasn’t returned to me . My divorce certificate, affidavit of support and Joint sponsor, police certificate and medicals etc 

14 minutes ago, missileman said:

Based on the information you have provided in this thread, I agree that you should withdraw the K-1, marry outside the US,  file a CR-1, and make more visits during the process......it sounds like the CO doubts the nature of the relationship or doubts the intent to marry.  Good Luck.  If this is the case, then marriage would go a long way toward resolving those doubts.........Good luck....

So how soon can we apply for cr1, with our situation at the moment what is the next step

8 minutes ago, Going through said:

To the CO this may have appeared to be a quick turnaround between divorce, meeting someone else and then ready to be married again..Lagos is not an easy consulate to get through.  Especially if there were any other red flags as well.

 

 

Was your first wife a USC/LPR who petitioned for you previously?  How long ago was the tourist visa denial and why was it denied?  There seems to be something missing here, if that was a focus and the CO was questioning if your ex-wife was planning on seeing your fiancee.  

No my ex wife is Nigerian, early2018 b1/b2

Just now, Going through said:

Although I suppose there would be some tentative plans made at least...most on K1s don't have firm reservations with USA wedding venues since there's no guarantee of when a visa would be approved.  

I am devastated , she probably didn’t look through our documents well

2 minutes ago, Going through said:

 Does your ex-wife and fiancee know each other somehow?

 

What is the timeline between marrying the first wife, filing for divorce, and then beginning the relationship with your new fiancee?  if you could give specific/estimated month and year would be helpful.

They don’t know each other , I married 2012 and filled for divorce 2017, I met my fiancé March 2018..divorce was finalized 2018 my fiancé filed feb 2019

13 minutes ago, Going through said:

What was the interview like?  What did the CO seem to focus on in their questions to you?  That will give you some indication as to why it was denied.

 

Your option now is to file the CR-1.. if the K1 was denied due to any finding of inadmissibility (ie. criminal history) that would need to be overcome with the CR-1 as well.  If the K1 was denied due to the CO believing it was a fraudulent relationship, that can be overcome with plenty of more evidence during the CR-1 filing after marriage---more facetime goes a long way with Lagos, too.

She focused on my previous b1/b2 travel plan with my ex wife that was refused , and asked if she was joining me to see my fiancé , I told her we were in a middle of a divorce while I met my fiancé. She asked about when I divorced I told her I filled for divorce before I met my fiancé. All this question was asked after she wanted a proof for our wedding reservation and I had none at hand. Then she told me the perition would be sent back to uscis . 
 

after the basic questions, she asked why didn’t we get married in Nigeria .I told the VO my fiancé’s family wanted a big wedding back in the states . And then after she asked for proof of wedding reservation. 

22 minutes ago, Paul & Mary said:

Was there any indication of problems at the interview?

 

You get married and file a spousal visa.   A spousal visa, if revoked can be appealed at the USCIS.  A K1 petition simply goes to die. 

Yes there were questions about previous travel plan into the states and if we have reservations for wedding venues. 

4 minutes ago, AP-1 said:

If this was a K1 visa you have no other option. 

 

Once USCIS receive your file it will just sit there for one year until it dies. Because USCIS does not reopen files sent back to them.

 

In some cases USCIS may send email to the petitioner to give more evidence if available and can consider to send back your file to embassy.

This is very rare because Embassy always recommends to revoke the file and USCIS almost always does that. 

You can call them to know about the status about what is done to your application.

 

 

 

 

Thank you both for responding! How soon can I call the USCIS?

3 minutes ago, missileman said:

I haven't seen anything that would indicate K-1s are affected until adjustment of status........the proclamation says "Immigrant Visa

Thanks guys