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DebbyNSeyi

K1 Visa denied in Lagos after 8 months of AP!

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Filed: Citizen (apr) Country: Nigeria
Timeline

y fiance finally was called back to the US Consulate in Lagos after almost 8 months of being in AP. His final interview was today and he was denied. Based on what, you may ask?

Last month, I took my 4th trip to Nigeria in 15 months to have an interview (at my request) with the investigator handling our case in hopes of expediting the AP. He interviewed me and my fiance separately and we believed that all went well.

One of the questions I was asked was why I had decided to file a K1 visa petition instead of the marriage visa petition? I explained, that initially, we thought it would be nice if he met my kids first and my family and friends first as my fiance and then we'd get married within the 90 day period.

The embassy denied my fiance's visa because of that reason. They claimed that my reasoning sounds like I'm not sure and that the purpose of the K1 visa is for people that are sure and committed to getting married and that the 90 day period is just a time period granted to plan the logistics of the wedding. I filed this K1 visa petition over 13 months ago and they're interpreting my initial reasoning as doubt???? At this point, we wanted to marry immediately after he got here! I'm heartbroken and angry....I feel robbed and cheated. After 3 interviews, 8 months of AP, a home visit and 4 trips to NG from me, they denied it for THAT reason????

Please....if anyone has any advice to offer on how to get this judgement overturned before the paperwork is sent back to the USCIS, PLEASE respond!!!

Thank you....and God bless....

CR-1 VISA

2010-06-01: Get Married!!!

2010-06-15: Mail out I-130 - Petition for Alien Relative

2010-06-22: I-130 NOA1
2010-09-30: I-130 NOA2
2011-01-26: Interview - APPROVED! (7 months, 4 days)
2011-02-02: Visa issued and in hand!
2011-02-25: POE - JFK (New York City)
2011-03-14: Received Conditional Green Card
2011-04-01: Received SS Card
2012-03-25: Our son is born!

--------------------------------------------------------------------------------------------
2012-11-27: Mail out I-751 - Removal of conditions
2012-12-03: I-751 NOA1
2013-01-17: Biometrics

2013-05-13: I-751 Approved

2013-05-17: Received 10 year Green Card

--------------------------------------------------------------------------------------------

2013-11-27: Naturalization Eligibility (3 years based on marriage)

2013-11-29: Mail out N-400 - Application for Naturalization

2013-12-03: N-400 NOA1

2013-12-06: Check Cashed

2013-12-31: Biometrics

2014-01-27: Place In-Line for Interview

2014-03-28: Interview Scheduled

2014-04-04: Interview Letter Received

2014-05-06: Interview

2014-05-12: N-400 Approved and Oath Date Scheduled

2014-05-22: Oath Ceremony - Become a naturalized citizen!!!

OUR VISA JOURNEY IS OFFICIALLY OVER!

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Filed: K-1 Visa Country: Vietnam
Timeline

Somebody else once said...

The consulates are rated according to their difficulty on a 5 point scale:

:D Easy

:) Moderate

:( Difficult

:devil: The fires of Hell!

:o Lagos

Seriously, I'm really sorry to hear about your situation. Don't try to deal with this yourself. If you're going up against the consulate in Lagos, then you need professional assistance. A very VERY good immigration lawyer is required.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Ecuador
Timeline
Somebody else once said...

The consulates are rated according to their difficulty on a 5 point scale:

:D Easy

:) Moderate

:( Difficult

:devil: The fires of Hell!= Guayaquil, Ecuador

:o Lagos

Seriously, I'm really sorry to hear about your situation. Don't try to deal with this yourself. If you're going up against the consulate in Lagos, then you need professional assistance. A very VERY good immigration lawyer is required.

Si, man -- don't give up.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Australia
Timeline

y fiance finally was called back to the US Consulate in Lagos after almost 8 months of being in AP. His final interview was today and he was denied. Based on what, you may ask?

Last month, I took my 4th trip to Nigeria in 15 months to have an interview (at my request) with the investigator handling our case in hopes of expediting the AP. He interviewed me and my fiance separately and we believed that all went well.

One of the questions I was asked was why I had decided to file a K1 visa petition instead of the marriage visa petition? I explained, that initially, we thought it would be nice if he met my kids first and my family and friends first as my fiance and then we'd get married within the 90 day period.

The embassy denied my fiance's visa because of that reason. They claimed that my reasoning sounds like I'm not sure and that the purpose of the K1 visa is for people that are sure and committed to getting married and that the 90 day period is just a time period granted to plan the logistics of the wedding. I filed this K1 visa petition over 13 months ago and they're interpreting my initial reasoning as doubt???? At this point, we wanted to marry immediately after he got here! I'm heartbroken and angry....I feel robbed and cheated. After 3 interviews, 8 months of AP, a home visit and 4 trips to NG from me, they denied it for THAT reason????

Please....if anyone has any advice to offer on how to get this judgement overturned before the paperwork is sent back to the USCIS, PLEASE respond!!!

Thank you....and God bless....

I can understand their reasoning (like you wanted to see if your kids liked him first) just as I can see yours (that it's wasn't about like, it was more about not being "here's your new daddy!".

Perhaps if you can show proof of having your family/friends talking to him, meeting him already? Perhaps a few letters from people saying they know all about him and approve etc? Perhaps proof of wedding plans/ideas? More emails/chat logs proving you seriously discussing marriage? Perhaps a letter/statement from yourself discussing how at the time you didn't realise the process would take so long and that to some people the engagement might seem sudden (I know some people in my husbands family didn't know about me.. distant rellies) but as it's been waiting so long you've already got the wedding lined up. That it was nothing to do with not being serious and instead taking the feeling of family and friends into consideration when allowing them to meet your fiance and THEN your husband. Also perhaps you could mention that travelling to Nigeria was too difficult for people so no wedding there, and that you wanted to get the process started ASAP rather then wait for planning a wedding first and THEN filing the application and that that should prove your urgent need/want to be together. That people such as family and friends needed more time to save money for the wedding, that you needed more time to save. Show evidence of money you or he have sent each other? Stuff like that?

Good luck.

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Unfortunatley it sounds like you gave them the opportunity to "interperate" the meaning of your words.

After reading your post I can see where it could be viewed in two differetn ways.

One simply as meaning that you wanted him to meet your family before the wedding.

The other could be interpreted as meeting to determine a decision.

The fact that you made 4 trip in 15 months would lead me to belive that the full intent was a commitment to get married - why else would someone go throught the expense of traveling so far if the intent wasn't there.

Another case of failure by the CO to look at objective evidence and make a determination on personal opinion.

Hopefully you will get some good advice but it may be necessary to discuss with an established and reputable immigration attorney with experience in Lagos.

6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

Hi Debby,

Have you contacted your senators and congressperson?

Have you contacted one or more lawyers?

I'm sure you know that Lagos operates as a 'high fraud' consulate. They're not very objective. Their default answer is denial and they look for reasons to deny. Having been subjected to three interviews, AP, and a Stokes interview with an investigator just further stacked the odds in their favor. Like the 4-legged officers on sniff duty at international airports, I suspect they get rewarded for sniffing out flaws. I have heard of K-1 denials at Lagos turning into approvals, but not without a fight. Are you fighting?

The 'deciding question' was flawed. You could not apply for a marriage visa because you are not married. You are engaged so you filed for the K-1. It was a set up. The Stokes interview may have seemed harmless and/or friendly, but they were trying to get this case out of their system. I'd be interested in what the Freedom of Information Act would reveal on this case. Do you know which CO worked your case? Have you spoken to the IV Chief or anyone else in authority at the consulate?

Seriously weigh your options and please keep your thread updated.

NVC:

2009-09-11 - NVC received.

2009-12-17 - Case complete e-mail message, sign in failed on website and AVR... YAY!

2009-12-17 - Waiting for an appointment assignment...

2009-12-29 - Interview assigned: February 11, 2010!

2010-01-06 - Case forwarded to consulate.

Consulate:

2010-01-12 - Medical exam part 1 of 2 complete.

2010-01-26 - Medical exam part 2 of 2 complete. Ouchie!

2010-02-11 - Interview results: Administrative Processing 221(g) :-(

2010-04-27 - 2nd interview results: Approved :-)

2010-05-04 - Visa in hand!

2010-05-08 - POE

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  • 6 months later...
  • 1 year later...
Filed: Citizen (apr) Country: Ireland
Timeline

**** closing zombie thread *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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