RedHat19

Hi all,

The result of the administrative processing (referred to in the earlier part of this thread) did not go well back in 2009.

The reason was that my fiancée's previous marriage had not been successfully dissolved.

The embassy pointed this out and gave it as the reason why our application failed.

The divorce process has now been completed and we are planning to restart the process of applying for a fiancée visa.

Would we have to start afresh? ..or is there a way to prove/show that the condition for which it was not granted has now been satisfied (to somehow shorten the application process)?

Thanks.

@Boiler: Thanks for your question. We plan to engage a lawyer as we have been advised and restart the filing process and hope for the best.

@pushbrk: Thanks for your response. The genuine nature of our relationship is clearly evident in the proof we have and I believe the person who interviewed me must have seen that clearly, and probably noted it. We don’t have a problem there.

We might have been able to find old mails in her mailbox showing that she was duped back then when she got the divorce. We’d have to show the lawyer to know if it proves it though.

@NigeriaorBust: Thanks again for your response. The divorce papers which turned out to be fake were from her and not from her ex, and we'll have to search through her mailbox to see if there was an automated response when the mail was sent (I dbout it though).

@life'sJourney: I don't have all the details as I wasn't very involved in the divorce process, but I guess its now obvious she didn't do her homework well as regards the divorce.

Her ex is Nigerian and based in Nigeria.

Thanks a lot @Life'sJourney.

@ScottThuy: Her ex is based in Nigeria and she had petitioned for him years back, but didn't follow up on it for some years, if I remember well (as commmunication had ceased between both parties for some years). A month or two after my visa was denied, she received a notice from USCIS that the file for his petition was being closed due to inactivity, so we figured that the file was still open at the time I applied and the embassy probably saw this too (and this probably led to them opting to do a check checks on our application).

Her ex never travelled to the states.

@Penguin_ie: Thanks! I think the lawyer route is quite obvious now. You said the fact that no charges were filed is a good sign.. Please permit me to ask: a good sign that what exactly?

Could the fact that they didn't file charges mean that say her email explaining the circumstances under which the papers were obtained was taken into account?

@Life'sJourney. Thanks for your response..Here are the answers to the questions you've asked:

Answer #1: No charges were filed.

Answer #2: US divorce initiated by her.

Answer #3: Yes.

Answer #4: Not sure why..you think it wasn't necessary?

Observation #1: wow. Thanks.we would have to look into that now.

..and we didn't know it was fake. I guess we'd have complicated things even further if we had gone on to get married.

Thanks

@Life'sjourney @boiler yes she's a US citizen and she filed the papers which turned out to be fake. What are the implications if a US citizen was the one with the fake papers?

Its been two years now though & the file's been closed.

Will filing a new fiancée visa petition certainly bring this issue up again?

@souleymon Thanks a lot for your reply. Answers to your questions (1). It would appear she was the one who faked it because she filed it with the application. She had patronized the services of someone who turned out to be a scam or something.

(2) She has no criminal record.

If there's a chance we can still get it, we'll probably stick with the fiance visa, going by your advice (intention remains the same).

Thanks.

@NigeriaorBust Thanks a lot for your response. Yeah, the US embassy in Nigeria is quite tough. She did send the embassy a mail afterwards seeking to explain the circumstances that must have led to the divorce being a fake, but there was no response. Do you have an idea about how they treat email? Do they even read them?

@ScotThuy Thanks again for your response. I heard the lady who attended to me at the embassy tell the guy who went before me that he'd been banned parmanently. From entering the states because he submitted fake divorce papers, but she didn't say same to me. She only said I haad been denied because the divorce was fake and she is still married.

There must have been a mix-up of some sorts because I went home with a sheet of paper explaining the guy's denial and not mine. So, I don't know for certain what's on my sheet. In retrospect, I think I should have sought to correct the anomaly.

@Belinda63: Thanks a lot for your response. That's a long time for us at this time. Maybe we might consider getting married in Nigeria and then file as a spouse. Do you know if this is faster?

@ScottThuy: Thanks for your response. I do recall that the lady at the embassy did say the divorce papers she filed with were "fake". You said it could be a big issue. How big? I would appreciate it if you could give us an idea of what we're up against..and an idea of what to expect.

Thanks.

Hi all,

I was denied a fiancée visa in 2009 at the US embassy in Nigeria as the divorce my fiancée (who is based in the US) had obtained in absentia earlier, turned out to be fake (her former partner is still based in Nigeria and never left for the USA).

Now she has started the process of getting a proper divorce from a US court and we plan to refile for the fiancée visa.

Questions:

(1) How bad is our case? Is there hope for us?

(2) Can our case file with USCIS be re-opened? If so, how do you advice that we go about it?

(3) What time frame should we be looking at for the completion of this process.

Thanks for your anticipated responses. They are much appreciated.

Kind regards.

Thanks Amy&Aldo.. at least this can help with our planning.

Thanks Bobby_Umit, we are applying for Fiance visa (Isn't that what they call K1?).

Hi all,

I was interviewed at the embassy a while back and my case went into administrative processing. My fiancee is divorced and the consular officer (who was very nasty, by the way) was sure that my fiancee's former marriage was done to take advantage of the green card lottery she had won sometime before she got married (since the husband never went over to the US to meet her - he had been denied a visa). My fiance and I have been close friends even before her former marriage and the consular officer should not not have been in doubt about our relationship, but he was asking me questions about her former marriage, which I now regret answering at all. I think those were really none of my business...since it was a union between two consenting adults.

The embassy has contacted me to tell me they had completed the administrative processing and re invited me to the Embassy. My questions therefore are:

(Q.1) What should I expect?

(Q.2) Would I be re interviewed (all over again)?

(Q.3) If the administrative processing didn't go well and the beneficiary was going to be denied the visa anyway, does the Embassy usually call the beneficiary back?

(Q.4) My medical exam went well (HIV, TB etc were negative) but my blood pressure was high. What impact would this have on my chances of obtaining a visa.

I run a successful business and can not just abandon the business abruptly, I need time to wrap things up, so I plan to travel to the U.S, get married to my fiance and come back to wind things up, before relocating. Can this plan of mine work? My fiancee thinks I can't get a green card within a month, which would allow me travel back and forth until I'm ready to relocate permanently.

(Q.5) With this plan of mine in mind, what is the shortest period during which I can get a green card (after our wedding)?

I should also mention that from what I have seen on here on VisaJourney.com, the country where I am locaetd is listed as one of those with high incidence of visa fraud

I would greatly appreciate any helpful suggestions.

Thanks for reading up to this point.