TennilleO

On 10/22/2022 at 7:00 PM, nastra30 said:

I think you should consult with an experienced lawyer. I don't think this is a simple DIY. The consular will still need that 'divorce decree' from beneficiary for previous marriage (that never existed).

Thank you. 

On 10/22/2022 at 6:04 PM, Jorgedig said:

Have you looked into moving to Nigeria?

No, because at this time it's not an option. 

Hello all! 

I'm back and have questions. We have discussed everything and we are doing the I130. My question is what documents do you think will be needed to help our case based on the previous denial? Is there anything I should be prepared for that may come up or happen because of the denial?

Thank you for a responses and advice.

On 11/3/2020 at 6:03 PM, dwheels76 said:

UAE is not Armenia. But many I know went elsewhere and got residency because of the ban to prepare. I know I have been telling my 9ja wives to get their husbands to another country even Ghana. Always got to have that Plan B just in case.

How long does residency have to be established to file in another country?

On 6/27/2020 at 3:49 PM, Lady2023 said:

@TennilleO after reading your experience & story I could say you a QUEEN👑 inside out you a QUEEN100% honestly, YOU'VE done so well to stand by your partner during a tough time as such.. I wish & hope you both come out strong from this mess, ishallah! Mainwhile, I'm here shining my eyes at my level of ignorance during B1 visa application, is a whole lot of MESS for real. I can't even wish it for an enemy... Smhhhh**

Thank you! This is a long and stressful journey. This is a good page to be on to learn. You are taking the best first by being on here. Good luck and I wish you the best. 

1 hour ago, In4theJourney said:

Any updates? Intrigued 

Case sent back to the states and case was updated in January but still says refused. 

They said its still a chance the USCIS can re-approve and send it back to to the NVC and then the conaulate.

Now there is a ban so im not sure how things are now since we wanted to just go ahead with the CR1.

12 hours ago, Hope2020 said:

A friend of mine got married in 2019. They filed for the spouse visa in 2019 and things had been moving along in the process. They recently submitted all required documents and are awaiting a decision from NVC.

 

Her husband filed for a tourist visa in 2018 and stated after the urging from an agent that he was married. Problem is that he was never married to anyone else other than my friend. He was denied the tourist visa due to lack of ties to home country in 2018. Will that cause an issue for this current visa application? Will the interviewer review a previous application?

 

Any help or suggestions are greatly appreciated!

I had the same issue but with my K1 and we are planning Cr1 process. I spoke to a attorney (several) and they said a waiver could be done and there is a great chance of approval. 

I think your friends should way their options , stay positive and figure out what to do. Also do a lot of research about the waiver and the misrepresentation laws.

15 minutes ago, Boiler said:

Well all the Lagos cases I have seen the Consulate just issues a RFE for proof of divorce.

 

So the misrepresentation/waiver issue never comes up.

 

I can not help but think it is time for the Mods to open up a specific section of the forum where these cases can be collated, seems a very common issue.

Agree because it's hard to find this information.

1 minute ago, Boiler said:

Sounds normal, you can marry at any time. Obviously need to do that before filing a CR1.

Thanks 

Update: Received a email from USCIS saying that have our packet back and they will review it. Is this a standard email?  If not do we need to wait on doing the CR1? 

6 hours ago, Sarah&Facundo said:

I was tagged in this because I was the original poster of this thread. To follow up, my husband started at community college two months after his arrival (he came and we also married and applied for AOS in April 2018 and the summer semester began in June 2018). He was enrolled and attending school even before receiving his EAD card (September 2018). It was not a problem. He is about to begin his last semester next week and will graduate with his associate's degree after this semester (May 2020). Good luck and let me know if you have any questions about that process!

Did he still have to pay international student rates? 

3 minutes ago, geowrian said:

Not a bona fide relationship falls into the “petition is invalid” criteria. This could be due to lack of showing a real relationship or it could be due to other conditions that make the fiancé/fiancée relationship invalid (like not being free to marry).

 

That said, I do find it a bit curious that they only mentioned lack of a bona fide relationship as similar cases I thought they used the free to marry language more explicitly. But don’t read too much into that either.

I thought they would say that as well. Just making sure its the same issue and not anything different.

8 minutes ago, geowrian said:

Misrep would only come into play after being determined otherwise eligible for the visa. He was not.

So until then it's considered not a bona fide relationship ?

27 minutes ago, Boiler said:

A Misrep charge would allow a waiver, this does not.

Thats were i was confused because this isn't what they told him but this was there response of why it was denied. So i didn't know if thats the way they are wording the misrep

Received an email from the Embassy stating the denial was because the CO was not convinced of a bona fide relationship.  So is this because of a misrep or not having enough proof? I would have thought it would state the misrep not this. 

4 minutes ago, dwheels76 said:

I get ya. I know many wives who get it in Nigeria. Which is funny to go to anther country and get a certificate of singlehood (bachelorette) like how would they know.

Good luck on your refiling.

Thank you

Just now, dwheels76 said:

My first Nigerian husband had one to when he married his other wife while married to me. Singleness proved is a joke. How do you prove you aren't married. You can't. That's why it's not asked for or required in Nigeria cuz they know it's a joke.

I just know they offer it. Can't speak on the legitimacy

23 minutes ago, Nitas_man said:

Why are you the one chasing this down?
 

You cannot move forward until you have the name of the listed spouse on the previous application and the proof that those two people were never married.
 

Nobody attends a visa interview without being prepped on what is in the application, even if an agent fills it out.  
 

You need to speak slowly and use small words so that your fiance gets it:  No name for the waiver and no proof that neither of them were married and he isn’t going anywhere but sunny Nigeria while you move on.   Your waiver needs to clearly explain what happened “X claimed to be married to Y on an application for XYZ type of visa on date of ABC however these are the actual facts” or no matter what you file is DOA.

 

Your fiance is not coming 100% clean and frankly I don’t get why you are still pursuing this from this end but he needs to man up, own his problem, and get the facts to you and your attorney so that this can be fixed.

 

File a well-worded, factual, and detailed waiver with the I-130 petition and you might have a good chance of approval.  File a generic waiver - that petition is as dead as your wasted K1 case.

 

You have made several assumptions here about what is or not being done. 

Also you assumed I haven't had a conversation to learn the info I needed.

I have a right to learn information for myself and do my research which my understanding is what this platform is for. Any major paperwork that has to be filled will be done on my end so yes I want to be will informed. 

I clearly have been researching and asking questions on how to do this the correct way so again you assume that I'm trying to file something generic.

If what you are looking for a details of the conversation we had after my initial questions so you can have answers is not necessary for me to disclose.

If you have any helpful advice I do welcome it but I clearly understand that all documents will need to factual or I wouldn't be here. Very last thing a relationship is a team and two people trying to do their leg work is better than just one.

20 minutes ago, Jorgedig said:

Except, as Geo said, there is generally no requirement to prove single status before marriage.  Any current marriage certificate would be issued based on him currently being married, without regard to him having ten wives, four divorces, confirmed bachelor, etc.

They do confirm singleness because he has one

24 minutes ago, Boiler said:

That is why you ned a Lawyer who has done this and knows how.

 

As an aside how did you find out the prior marriage was not real?

I had him investigated by two different sources once I realized the relationship was getting serious at two different periods of the relationship. I understood that even though we have a mutual friend which I trust and could verify what was factual that I still needed to protect myself because of the negative conversations that you hear about the country and fraud relationships/marriages.  During having both people check they verified that he wasn't married. I did know he applied and when he did for a vistors visa but didn't know the application said married. 

So what I am going off of is my investigators and not just he word that he isn't. 

I may not be fully knowledgeable about all this but I try not to be down right stupid either. 

So the problem still remains of how to prove that there isn't a marriage from the first DS application.  I am being advised to get married and do the waiver but I will still face the same issue that was presented during the K1. I have searched and still can't figure out how to show that the information was a misrep.  If they are going to give us a RFE at the very beginning to prove a factious marriage has been dissolved and we cant provided a divorce decree so what options do we really have? 

5 minutes ago, geowrian said:

I'd have to disagree. You would think if it was that simple then there would be somebody posting about it. I have yet to see that it was resolved in that way.

I'm not saying it's incorrect either. AFAIK, we don't have references for how it was resolved for others, or if it was ever resolved. Edit: We do know cases of a divorce certificate being requested by RFE, though.

 

I would have to disagree again. Obtaining a new marriage certificate is not evidence of not being married previously.

Heck, I could drive to the the next county in my state today and get a marriage license by stating I was never married. My existing wife would likely throw me out of the house...but obtaining the marriage license and then certificate would likely be the simplest part of the marriage process. Obviously the marriage itself would not be legal.

What if he hasnt traveled outside of his area.

11 minutes ago, Villanelle said:

Try using the search feature to find others in similar situations and reach out to them if you feel you need to. 

 

While I understand what everyone is posting about it possibly being an issue needing to show a divorce for the marriage claimed- I dont think its a big an issue as its being presented. As I said the K and CR have completely different requirements. For the K you need to show you are single which is almost impossible to prove when there is official documentation (DS) showing a marriage. Some people are able to prove single by using a single certificate but they are not available everywhere and are not always considered enough proof of being single to trump the DS claim. You are not K anymore so.....

 

For the CR you have to show you are married (and that any previous marriages have been terminated). So yes, it can be an issue where they want to see the previous marriage they have documented terminated. You will never be able to provide such a termination document since there was never a marriage. So you would explain the previous marriage was a false claim. (this can cause a waiver to be needed). They need to accept that you lied in order to not want termination documents. Once they accept it was a lie they will no longer want termination documents. Does that make sense? In a way the issue of termination documents goes away when they determine it was incorrectly claimed marriage. Thats why no one posts anything further on it- because its no longer an issue.

 

You will provide a marriage certificate as proof of there not being a previous/current marriage; as you needed to be single and able to be married in order to get a marriage certificate issued for you guys. A gov issuing you guys a marriage certificate (which is assumed to be done properly) means a gov was satisfied neither of you were married and all previous marriages were terminated. It supports the claim of marriage on the DS was a lie. 

 

 

 

 

 

 

 

That makes perfect sense.  So its a see what happens type of thing. I tried looking up people who may have a similar situation and I haven't find much. 

32 minutes ago, Greenbaum said:

Call USCIS and ask for a Tier 2 agent. Tell them you would like a copy faxed to you on the RFE because you are on a deadline that can’t be extended. A tier 2 is the only one that has access to those systems. They can also read it to you (most will do this but some don't) and let you know what they are requesting. Be kind and not demanding and you may get somewhere. Just saying.

Thank you but we haven't made it to that level. I was trying to see how to handle a RFE because it was previously stated I would get one based on the situation. 

I asked the attorney about the RFE that we may receive and he said its hard to answer that question because there is no way of knowing what the RFE may say.  This is very concerning for me. Shouldn't he be able to give some insight. I have been looking but haven't found were I could maybe find this RFE question on this site. 

2 minutes ago, geowrian said:

I 100% agree with @Boiler - the waiver for misrep is secondary. The main issue is they will still need to see evidence that the previously claimed marriage  either does not exist or (more likely) has been dissolved. It's on record that they were married and that needs to be addressed first.

Ok. I will ask how to handle that without adding to the issue