Denied k-1 visa

[Tero 105]

Good day everyone. My fiancée was denied visa after one bogus question. She had all the evidence and paperworks to prove our relationship. The interview was going well until the consulate officer asked my fiancée if during our traditional engagement ceremony, I gave any monetary gift to her parents. My fiancée answered yes. Then the CO declared that that signifies a dowry and according to the Nigerian law, we are married. My fiancée tried to explain to her that it was just a gift for her parents and not a dowry, but the CO insisted that as long as money was paid, it was marriage and I should go back and refile for her as a wife and not a fiancée. We only did an engagement ceremony and not marriage. If I had filed for her as a wife, how would I have provided a proof of marriage when we are not yet married?. Please, I need an advice on what to do because it's been 9 months already and I do not want to have to travel to get married and start this whole process all over again ...gush!

[NigeriaorBust 4,087]

You are the second one I have heard about getting tripped up by Nigerian traditions. You are not married and they should have granted a fiance visa. Paying bride price does not complete a marriage. Right now you are stuck. I would attempt to get in touch with the supervisor of the Immigration unit and ask them to clarify the rules the embassy follows in regards to Nigerian traditions and visas. It looks like taking a copy of Nigerian marriage law is in order for fiance visas as it seems some crazy CO has made up their own rules. To help the rest heading to interviews which one was it ? The Asian lady , the black lady or the white man ( or is there someone new ?)

[abbeydcool 0]

Good day everyone. My fiancée was denied visa after one bogus question. She had all the evidence and paperworks to prove our relationship. The interview was going well until the consulate officer asked my fiancée if during our traditional engagement ceremony, I gave any monetary gift to her parents. My fiancée answered yes. Then the CO declared that that signifies a dowry and according to the Nigerian law, we are married. My fiancée tried to explain to her that it was just a gift for her parents and not a dowry, but the CO insisted that as long as money was paid, it was marriage and I should go back and refile for her as a wife and not a fiancée. We only did an engagement ceremony and not marriage. If I had filed for her as a wife, how would I have provided a proof of marriage when we are not yet married?. Please, I need an advice on what to do because it's been 9 months already and I do not want to have to travel to get married and start this whole process all over again ...gush!

I will say you should contact your district representative about this and make sure you do that before the petition returns to NVC. Wish you good luck!

[Tero 105]

Thanks guys. Of course it was the known witch! ...the Asian lady. I have filled out a form for my senator about the issue and would mail it tomorrow, since I am away from home at the moment (also plan to call his office). I also plan to call the consulate in Lagos to talk to somebody (I hope I am able to get through ...hope they'll listen). Thanks for your inputs guys.

[Nwanyioma 11]

Good day everyone. My fiancée was denied visa after one bogus question. She had all the evidence and paperworks to prove our relationship. The interview was going well until the consulate officer asked my fiancée if during our traditional engagement ceremony, I gave any monetary gift to her parents. My fiancée answered yes. Then the CO declared that that signifies a dowry and according to the Nigerian law, we are married. My fiancée tried to explain to her that it was just a gift for her parents and not a dowry, but the CO insisted that as long as money was paid, it was marriage and I should go back and refile for her as a wife and not a fiancée. We only did an engagement ceremony and not marriage. If I had filed for her as a wife, how would I have provided a proof of marriage when we are not yet married?. Please, I need an advice on what to do because it's been 9 months already and I do not want to have to travel to get married and start this whole process all over again ...gush!

Tero,

So sorry that your visa was denied. My husband had the infamous Asian lady CO the second time he went for an interview too. We were calling each other husband and wife on our emails, and she tried to pressure my husband into confessing that we were married when indeed we were not. She gave him a 221g requesting all my passports because she believed that we were secretly married. That incident too happened to my step cousin and he was denied the visa as well (his wife gave the pictures from the introduction,he had to refile on a marriage based visa)Put pressure on your senator/congressmen to keep the petition there. The Consular officers are well trained to learn the customs/traditions of the Nigerian culture. They think they know so much when indeed they dont know anything.Good luck and All the Best.

Nwanyioma

[Gary and Alla 3,694]

Good day everyone. My fiancée was denied visa after one bogus question. She had all the evidence and paperworks to prove our relationship. The interview was going well until the consulate officer asked my fiancée if during our traditional engagement ceremony, I gave any monetary gift to her parents. My fiancée answered yes. Then the CO declared that that signifies a dowry and according to the Nigerian law, we are married. My fiancée tried to explain to her that it was just a gift for her parents and not a dowry, but the CO insisted that as long as money was paid, it was marriage and I should go back and refile for her as a wife and not a fiancée. We only did an engagement ceremony and not marriage. If I had filed for her as a wife, how would I have provided a proof of marriage when we are not yet married?. Please, I need an advice on what to do because it's been 9 months already and I do not want to have to travel to get married and start this whole process all over again ...gush!

Either you are married or you are not. If you are married you do not need to travel to get married again. I often tell people NOT to engage in ceremonies which can be confused as marriage, this is why. If you are not married and have no marriage certificate, you cannot apply for a CR-1 visa. If the petition is sent back to USCIS it may be re-approved and sent back to Nigeria OR you can withdraw it and file a new petition for a K-1. You are dealing with a difficult consulate and your fiance was not properly prepared. Lagos is perhaps the most difficult consulat in the world. I would seek some advice from successful people in the regional subforum for Nigeria

[NigeriaorBust 4,087]

Joseph actually laughed at that witch, She tried to push his buttons saying that his father died because he was marrying a white woman , he said no , look at the picture of them smiling together,he died when he learned you people were trying to keep us apart. Anyway , there is the Nigerian marriage lawMarriage Act This is what defines what is considered married in Nigeria.

Also there are other parts to the traditional marriage where bride price is exchanged

On the wedding day, in addition to the bride-price, the groom must pay a dowry first to the bride's mother and then another dowry to the father; this involves a significant amount of bargaining. Also every member of the bride's mother's family must be given money, with the groom's family determining the amount. The bride's age group and her more distant relatives also are given money, with the amount varying with level of the bride's education and productivity. Then the groom's family gives the bride a rooster and some money. If she accepts these gifts and gives them to her mother, she indicates her acceptance of the groom, but if she refuses, she signifies her refusal. If she accepts him, she is showered with gifts and money, and the two families eat and drink together. Before the bride is finally handed over to her husband, however, her age group will pose as a mock barrier to those who want to take her and extort money from the anxious groom's family. The bride's mother buys her cooking utensils and food because she is not expected to go to the market for the first five market days after her marriage. At the end of the eating and drinking, the wife is finally handed over to her husband's family.

So the marriage is more than paying bride price . However if you look at Nigerian law , traditional marriages are not accepted legally. Hope this helps

[TBoneTX 43,133]

Also there are other parts to the traditional marriage where bride price is exchanged [...]

Fascinating, & holy mackerel, si man!

[GreatGuy 0]

Tero, I'm sorry to hear about your ordeal with the CO. The CO must really be having a bad day. She knows within herself that she will not approve a Spouse visa (CR-1/IR-1 visa) based on your Engagement pictures and the fact that 'monetary gift' was involved. After seeking the mediation of your Senator, you may want to send them an email (LagosIV at states dot gov), asking then to if they will approve a Spouse visa based on the so called 'monetary gift' during the engagement, and even if they will, how you even can obtain a CR-1/IR-1 approval from USCIS when you have no Marriage Certificate or any other admissible evidence to proof marriage. I hope they reply your email with good information. Incidentally, Lagos Embassy is not one of the places you can call and ask to speak to a Supervisor to seek redress. Only the emails work for now, and their response time is even spanning up to two weeks in recent times. Please keep us all updated. I hope you obtain a redress quickly.

Peace,

GreatGuy

Edited July 26, 2010 by GreatGuy

[GreatGuy 0]

Tero, I'm sorry to hear about your ordeal with the CO. The CO must really be having a bad day. She knows within herself that she will not approve a Spouse visa (CR-1/IR-1 visa) based on your Engagement pictures and the fact that 'monetary gift' was involved. After seeking the mediation of your Senator, you may want to send them an email (LagosIV at states dot gov), asking then to if they will approve a Spouse visa based on the so called 'monetary gift' during the engagement, and even if they will, how you even can obtain a CR-1/IR-1 approval from USCIS when you have no Marriage Certificate or any other admissible evidence to proof marriage. I hope they reply your email with good information.

Incidentally, Lagos Embassy is not one of the places you can call and ask to speak to a Supervisor to seek redress. Only the emails work for now, and their response time is even spanning up to two weeks in recent times. Please keep us all updated. I hope you obtain a redress quickly.

Peace,

GreatGuy

Some of these COs needs to be trained or held accountable for their reasonings. They should know that most legally married people will not file for a fiance visa when K3 visa takes about the same processing time and is even cheaper.

Edited July 26, 2010 by GreatGuy

[abbeydcool 0]

I hope they pay for all the pains they are giving to people without any good reason. This excuse is nothing short of craziness. Wow!!

[Tero 105]

Thanks for your concerns and inputs everyone. That Asian lady is always having a bad day, it's her default. The only news with her is when she has a good day ... good luck catching that! I tried calling in vain as I could net even get through. I had taken the time to send them an elaborate email appealing and explaining that there are over a hundred different cultures in Nigeria, and that what constitutes marriage varies widely amongst cultures and even amongst families within thesame culture. I tried to clarify the 3 stages i.e. The Introduction, The Engagement, and The Marriage, and how it is still different amongst cultures and families. I hope it makes sense to them. I know the COs are trained to understand the Nigerian laws, but Nigerian cultures are so diverse that even born Nigerians dont still know how all the different cultures practise their ceremonies. I have contacted my representative and explained to them, I hope something positive comes out of it. One would think that sending them pictures of an engagement ceremony would be a good proof of a legitimate relationship, too bad it turns out hurting. I'll keep you guys updated.

[Tater&Bugger 3]

Rough situation. Good luck!

[Tero 105]

Ok so, I got a reply to my email from the Lagos Consulate today. In spite of my whole clarification and appeal and explanation, they said the case is already closed as far as they are concerned, and that they are going to send back my petition to DHS/USCIS. They told me to direct all inquiries about the case to the DHS/USCIS. So cold!!! I called the DHS and explained the misunderstanding, and the DHS told me to wait for my petition to get to them first, so they can review and decide. My representative also said he sent them a note today to reconsider, but he has no guarantee that they'll listen. Told me it could take 2 to 3 weeks to hear anything. At this point, it's a waiting game. Anybody have any experience as to how long it took for their petition to be returned, reviewed and reapproved? It feels so helpless and frustrating to be so powerless!

[adethony 2]

Ok so, I got a reply to my email from the Lagos Consulate today. In spite of my whole clarification and appeal and explanation, they said the case is already closed as far as they are concerned, and that they are going to send back my petition to DHS/USCIS. They told me to direct all inquiries about the case to the DHS/USCIS. So cold!!! I called the DHS and explained the misunderstanding, and the DHS told me to wait for my petition to get to them first, so they can review and decide. My representative also said he sent them a note today to reconsider, but he has no guarantee that they'll listen. Told me it could take 2 to 3 weeks to hear anything. At this point, it's a waiting game. Anybody have any experience as to how long it took for their petition to be returned, reviewed and reapproved? It feels so helpless and frustrating to be so powerless!

Any news