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Nairaland Forum / Nairaland / General / Travel / U.S. Immigration Questions: Ask A U.S. Consular Officer (687961 Views)
U.S. Immigration Questions: Ask A U.S. Consular Officer / I Am A U.S. Consular Officer: Ask Me Your Visa Questions. / Likely Questions By Usa Consular During Interview For Tourist Visa And Response (2) (3) (4)
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Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by stevewale(m): 10:38am On Feb 26, 2015 |
[quote author=kenkelewu post=31070670][/quote] Dear VO, In as much as I don't deliberately want to flog this issue endlessly nor derailing your thread, I'd like to attest to the post I quoted above. Just wanna stress further that in Yoruba culture, there is what we called INTRODUCTION. This is where the two families and some few friends meet and decide what type of marriage they would do and decide on the date and formally recognize the duos as fiancé/fiancée. Little gifts such as wine and fruits are taken along to the lady's family. Few pics can be taken too at the mini-event BUT THIS IS NEVER A TRADITIONAL WEDDING. It's my guess that the Consulars do mis-interprete this INTRODUCTION to TRADITIONAL MARRIAGE. Pls you can visit any of the Yoruba cultural leaders/elders for more inquiry of this matter so as not to be denying people base on introduction ceremony. DOWRY/BRIDE PRICE IS NEVER PAID AT INTRODUCTION CEREMONY. 5 Likes |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:42am On Feb 26, 2015 |
MarieEyre: It sounds to me like you are traditionally married. I'm going to quote a response I posted a long time ago: This is an area where Nigerian law and U.S. law don't dovetail neatly. Traditional marriages in Nigeria do count as marriages and make people ineligible for K visas -- and if your fiance gives the bride price, that's a marriage under customary law. But because such marriages are often undocumented, the Nigerian spouse can't benefit from the IR1 or CR1 petition, because there's no piece of paper to submit to NVC. So people who have had traditional or customary marriages, but not a registry or religious marriage*, are stuck, unable to get either a fiance or a spouse visa. The obvious solution is to go ahead and do the registry marriage in Nigeria, then apply for a spouse petition. The only reason that takes longer than a fiance petition is that you can file a fiance petition any time, but you can't file a spouse petition until after the marriage. We do like to hear that people have met each other's parents... but if we know you've had an introduction ceremony, we'll be very curious about whether it was actually a traditional marriage, or just an introduction. Whatever the case, tell the truth, and you'll end up with the visa you qualify for. (* Religious marriages are recognized for spouse petitions if there's a certificate from an established religious institution involved.) 2 Likes |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:46am On Feb 26, 2015 |
stevewale: I've seen plenty of K visas issued to people who only had an introduction, but did not pay a bride price. (see my previous post, above) Now, to be fair, I've also interviewed Yoruba applicants who swore that they only had an introduction but didn't pay the bride price -- BUT they also kept referring to the petitioner as "my husband" or "my wife" and the women's ID showed that they were now using the husband's surname. If the preponderance of evidence suggests that the couple is married, we're going to conclude that the couple is married. Please keep in mind that we can only issue a K visa if we believe the applicant is qualified for a K visa, and if we just don't believe it, we are not able to issue. 1 Like |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by MarieEyre: 10:50am On Feb 26, 2015 |
alright. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:54am On Feb 26, 2015 |
MarieEyre: If the bride price has been paid as you stated previously, you are married and not eligible for a fiance visa. 1 Like |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by justwise(m): 11:04am On Feb 26, 2015 |
VisaOfficer: Absolutely!!! That is just the issue. And your last line is just the solution. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by stevewale(m): 11:22am On Feb 26, 2015 |
VisaOfficer:] Many thanks for your clarification mam ... God bless you for this selfless service you're rendering on this forum. It has really helped whole a lot of us with immigrant issues without recourse to be subjected to those "visa agents" |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by MarieEyre: 11:28am On Feb 26, 2015 |
Okay VO, are you saying just mere photos and maybe video clips from the Introduction ceremony are sufficient enough for eligibilty for the spousal visa and not the fiancee visa. Sorry for my numerous questions but I want to be sure of which visa to apply for. Thank you. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 11:31am On Feb 26, 2015 |
MarieEyre: No, I'm saying that (based on what you've written here) the fact that a bride price has been paid in your case makes you ineligible for a fiance visa. However, in order to apply for a spouse visa, you'll need to submit a marriage certificate to USCIS. So it's possible that at the moment you're not eligible for any visa, because your traditional marriage renders you ineligible for a K visa but you don't have the paperwork you need to file for a CR-1. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bukolacole(m): 12:00pm On Feb 26, 2015 |
Please! please! and please ma! Attend to my questions ma, just now we were called from the Embassy that my stepmother should show up at the Embassy on any Friday except the last Friday of the month, I asked him of our police certificate and visa status, he said the police report is with them but can't comment on or visa status, please from your experience working with them, what could have caused her to show up again and hope this is not a signal of bad news ma? Urgent reply ma, Adepoju Family. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 12:00pm On Feb 26, 2015 |
bukolacole: We need to speak with your stepmother in person. I don't have more information for you at this time. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bahterry: 1:22pm On Feb 26, 2015 |
Thanks VO and all other contributors to this thread, though this topic has been vigorously pursued recently, i will like to point out some observations on the k1 visa denial due to engagement/traditional marriage. Pls bear with me its gonna be long. 1. Quoting ( “Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 8:40am On Feb 25 justwise: VO the member you quoted [Euma] is right...couple is considered married the moment the bride price/dowry is paid...in Igbo culture the dowry and the traditional marriage could be done the same day and the wife officially go home with her husband....marriage done. And Yoruba and Hausa culture? “) Based on Justwise, does it mean one can then adjust status in the US base on this so called traditional marriage, am sure your answer is NO, cos it is not a legal marriage and infact it can not be. Then why is it been used to deny K1 applicants? 2. ( Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:02pm On Feb 24 gbengene8012: A quick one here, heard someone was refused K1 visa because he said he paid dowry during their engagement ceremony, and the visa officer says that shows that the marriage was paid for, and as such fraud is detected. Could this be true in an African context, thought paying dowry was part of the engagement culture? It depends on the tribe and the local custom. If a bride price is paid under conditions such that it constitutes customary marriage, and the couple is then considered married to each other and would need a divorce to become free to marry someone else, then yes, we consider the couple married by Nigerian law and custom, and they are not eligible for the K-1 (fiance) visa. ) May I then know is this someone else still the fiancé he or she intends to marry in the US? If she is, then why will they need to first dissolve any traditional consummation done back in Nigeria, am confused? Are we still talking about this two individuals who had a tradition engagement? Why will they need to first breakup then to make up? 3. Quoting Jchi9876, where he states the “right steps are introduction, engagement, traditional marriage then the marriage itself,” I was always thinking he was right till he bungled it again, Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Jchi9876: 3:33pm On Feb 25 VisaOfficer: So you would travel to the US before you do your traditional marriage? If you file the I-129F right now, you might be able to travel before December. But it generally takes at least six to eight months to get an appointment if everything goes perfectly, so I'm not sure you'd have time. Question should be what happens to the already "fixed traditional marriage" if she travels before December and marries in the USA (first marriage) as prescibed by law? will OP go back to do traditional after the wedding in USA? kinda weird and strange. Would a cart rather be in front or behind a horse? Different strokes for(different) folks. ) Now am 49, and the k1 petition that am making now is for my fiancé who is gonna be 2nd spouse should we marry ( am I right to say she’s 2nd , not sure myself), having had a former separation. I remembered while back in Nigeria and working with a Federal agency, I was then married traditionally to my former spouse (we didn’t have reason to take it further to registry) and then I traveled to the US, and then my pension were due, I sent my spouse to file for my pension giving her a letter of authority on my behalf, but was shocked to be told that she cannot claim my entitlement due to the fact that she is not recognized based solely on traditional marriage to be legal and bonafide wife, though we share between us to 2kids who are now adult and are with me. Again I remembered then trying to bring her into the US through relative petition and I hit a brickwall, saying there is not a bonafide marriage due to lack of marriage certificate, now I understand why.. if I may quote Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:42am MarieEyre : Morning, Thanks a lot for your assistance. I would like to inquire - My fiancee and I have done our Introduction i.e payment of the Brideprice. We have pictures as proof. Is this sufficient enough for him to file a spousal visa or does he go with the fiancee visa. Can one be deemed married with just the payment of the brideprice without a traditional wedding ceremony. Thank you. It sounds to me like you are traditionally married. I'm going to quote a response I posted a long time ago: This is an area where Nigerian law and U.S. law don't dovetail neatly. Traditional marriages in Nigeria do count as marriages and make people ineligible for K visas -- and if your fiance gives the bride price, that's a marriage under customary law. But because such marriages are often undocumented, the Nigerian spouse can't benefit from the IR1 or CR1 petition, because there's no piece of paper to submit to NVC. So people who have had traditional or customary marriages, but not a registry or religious marriage*, are stuck, unable to get either a fiance or a spouse visa. Looking at your above response, how then can filing for a fiancé with whom I had a traditional ceremony with becomes marriage in terms of k1 visa, but cannot become marriage for spousal petition? 4. Finally, I will like you to adjucate between me and my friend I called Mr T who happens to have a fiancé without any tradition ceremony and they have seen face to face 3 times in about 2yrs before filing k1 petition for her. Now we both have elderly parents who are sick, while am comfortably able to tell my traditionally engaged fiancé to go stay with my parents so as to look after them, Mr T is unable to do so, because his family are not so conversant with her and she herself cant persuade her parents to let her go cos they don’t know each other and wouldn’t want to endangered their daughter (can’t blame them, they are just fiancé, and am sure they’ve seen enough that didn’t materilaised). Now between my own fiancé and my friend Mr T fiance who is more going to get to the US and get married within 90 days? Do we now penalize someone who has gone the extra mile to prove his or her relationship and intent to continue with such in the US, having demonstrate that back here in Nigeria, over those who have not shown as much, save for their picnic pictures and Whatsapp messages? It is high time we don’t disenfranchise those with situation like this, remembering that at a time same sex fiancé/couple are ineligible for petition based on the pure traditional definition of marriage, (today with better understanding that 2 people of the same sex can still be in love genuinely), its now a thing of the past. Thanking you for always reasoning and willing to accept our humble suggestions. 3 Likes |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:38pm On Feb 26, 2015 |
bahterry:Two quick notes. First, to quote myself: This is an area where Nigerian law and U.S. law don't dovetail neatly. Traditional marriages in Nigeria do count as marriages and make people ineligible for K visas -- and if your fiance gives the bride price, that's a marriage under customary law. But because such marriages are often undocumented, the Nigerian spouse can't benefit from the IR1 or CR1 petition, because there's no piece of paper to submit to NVC. So people who have had traditional or customary marriages, but not a registry or religious marriage, are stuck, unable to get either a fiance or a spouse visa. The solution would be to go ahead and marry in court or in church, and then to file the I-130 for a spouse. Bottom line: If people want to immigrate to the U.S., they have to meet the requirements of U.S. law. Second, the U.S. Government indeed recognizes same-sex petitions. However, in a spouse case, the marriage must be legal in the host country, and since Nigerian law doesn't recognize or permit same-sex marriage, the only way someone could file a petition for a same-sex Nigerian spouse is if they went to a country where same-sex marriage was legal and got married there. We do, however, accept same-sex fiance petitions. 2 Likes |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bukolacole(m): 1:49pm On Feb 26, 2015 |
VisaOfficer:. Please for God's sake ma let me know our fate, so visas can be turned down even after the interview, am really sorry for my life, sad mode, because your comment says it all, you don't want to tell me there is a problem somewhere. Please talk to me from your experience ma, what could have happened ma? 1 Like |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 1:50pm On Feb 26, 2015 |
Good afternoon VO. You said you wont be available from tomorrow been Friday till next week does this mean that the document that pass through your table will be halted and unattended to. I.e .dna test result etc. Thanks |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:57pm On Feb 26, 2015 |
chukwumaebenmel: My deputy will take care of everything! But we likely won't be posting on Nairaland. I'll be back Wednesday though! |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:58pm On Feb 26, 2015 |
bukolacole: I'm not at liberty to discuss this in a public forum. We will be glad to speak with your stepmother in person. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by MarieEyre: 2:06pm On Feb 26, 2015 |
Hello VO, Please what's the minimum and maximum duration for both the Fiancee and Spousal visas. Thank you. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 2:10pm On Feb 26, 2015 |
MarieEyre: Do you mean from filing to issuance? The best-case scenario in both cases is six to eight months. That's assuming that the case is filed with no paperwork missing and NVC doesn't have any questions that have to be resolved before the petition can be approved. Maximum is hard to judge, but if something's pending and there's no action on a case by the petitioner or the beneficiary for more than a year, the case will be closed. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by mabor: 2:28pm On Feb 26, 2015 |
Good day ma. You are the best. Please ma my husband had a home visit few days ago. Are we getting close to the end. Lgs2013683024. Thanks for all you do ma. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:08pm On Feb 26, 2015 |
mabor: I don't see an update in the case yet -- but generally a home visit is a big step closer to completion! |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 3:21pm On Feb 26, 2015 |
Hello Ma'am, I have come to appreciate you for being such a wonderful person. You are amazing, gorgeous and superb. Words are not enough to show you how grateful and blessed I am. You are and will continue to be the best ![]() 1 Like |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bukolacole(m): 4:44pm On Feb 26, 2015 |
VisaOfficer:. Please can you give me your mail to drop for my stepmother so that she can mail you, or can you give me the mail address to the Embassy I learnt they take mails and responds well and timely and is there any means we can check our status by ourselves ma, next nine days is too much a time under this heavy pressure ma. Please help me ma, am very afraid of been denied ma. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by justwise(m): 4:48pm On Feb 26, 2015 |
VisaOfficer: bukolacole: 1 Like |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bukolacole(m): 5:11pm On Feb 26, 2015 |
justwise:thanks justwise |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 5:14pm On Feb 26, 2015 |
Good day VO your sweet responses gets me wonder things like you would ever be found in my country. Love your answers to all my people here. Some of my fellow Nigerian workers need to learn from you, your humility is outstanding, Love you. |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by sunby2012(m): 7:52pm On Feb 26, 2015 |
VisaOfficer: Dear VO, At what point of the petition do you do home visit and why? Thanks |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by lissagal: 12:00am On Feb 27, 2015 |
I think in summary ,the VO is trying to say wether u are introduced,engaged,married,separated or divorced or even dead... The embassy does not work with hear say... Its an evidence based thing...be honest but smart enough not to end up in administrative processing... U r planning or not married---fiancee visa U have started the marriage journey smhw,or married sm how wether in the dreams or in the traditional way,simply get a paper proof---spousal visa Hope this helps I think its all about upright documentation and God's favour 3 Likes |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Kathav: 8:11am On Feb 27, 2015 |
Hi visa officer I have a pending petition under F-2B US visa. Single and unmarried over 21 years of age petitioned by a green card holder parent. Im pregnant and unmarried. Can i bring my illegitimate child with me by the time my immigrant visa arrives? Will my child go with me at the same time and will not be left behind? Im a single mom and im worried. Also i dont know if i will use my own surname or his father's surname if ever he will acknowledge it. Pls help, i dont like my baby to be left behind. My priority date is july 2010. Thank you very much for the advice |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by onyiblanche: 9:24am On Feb 27, 2015 |
Good morning ma, its been so long. Not been feeling well at all. The dhl number wasn't going thru so we decided to give them enough time. My husband finally picked them up this week. Thank you and God bless you. One of my names is missing a letter, blanch instead of blanche in the visa and on the package and not in the order in my passport.. Do we need to worry? |
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Ndeedee: 9:24pm On Feb 27, 2015 |
VisaOfficer: Hi Visa Officer, Thank you for your response. Your advise has been duly noted and will be used in weighing my decisions. Right now, KCC has finished processing our application and given us an interview date for the 2nd of April. I am still doubtful of continuing this application because the embassy in Warsaw is not helping at all with what should be common standardized knowledge to them - US immigration policy and law. They are handling it like something as simple as what you just explained from your understanding of US immigration law- " if you choose to continue, the officer will be most interested in making sure that you really are married to each other NOW and that you did not omit any spouse and/or children who existed at the time of your original entry" ... is the basis of the entire adjudication of our application when I have tried to let them know that this is just a small part of the entire application which they can help me understand. This is because a part of their FAQ says(I will highlight the areas of concern below) "3. Some of my family members did not appear on my original entry form into the Diversity Visa lottery. What should I do now? If your family situation has changed since you submitted your original entry to the Diversity Visa lottery (for instance, you have gotten married, divorced, or had a child since you entered), you will be allowed to submit a visa application that reflects your new family status. Applicants should take care to submit a visa application that includes any new family members or changes in family status. New family members will be eligible to apply for visas. If the family information you submitted on the original entry form was incorrect or incomplete at the time you entered the lottery, you will unfortunately be found ineligible for an immigrant visa. However, this is not a permanent ineligibility and you may become able to receive a diversity visa in subsequent years or receive a different class of employment or family based immigrant visa. You should tell the embassy’s consular section about any inconsistency in your personal data and family status as soon as you become aware of the inconsistency. Attempting to conceal an inconsistency could constitute misrepresentation in order to obtain an immigration benefit. Misrepresentation carries the serious penalty of a permanent ineligibility for a U.S. visa. Due to the importance of submitting a complete and accurate lottery entry, we strongly recommend that all applicants complete the online entry process themselves, without using an agency or intermediary, and that all applicants take care to verify their information before submitting the entry." that's why I need to be sure that we have not unforgivably broken the rules. As you know, there is no appeal process so if we get denied for such a silly reason this would affect my future travel plans and credibility which is something I value. I just sent them an email again yesterday to try for the last time to see if they will clear this up. If we have unforgivably broken the rules, let them just come out and say it instead of misleading me to go on with the application and getting denied in the end. If we are able to get it, it would be valuable but We are not that desperate to break rules in order to get the US permanent residence and can afford to not continue the process if we have unforgivably broken the rules. But like you have said..I am hoping they will come out and tell us that the officer will be most interested in making sure that we really are married to each other NOW and that we did not omit any spouse and/or children who existed at the time of our original entry. Meanwhile, I am gathering documents and the subject of the Police certificate came up. Before I left Nigeria in 2007, I made a Police Character Certificate which states that it expires 3 months after issue. Do you think that this expired Certificate would suffice for the period I lived in Nigeria while I get a fresh Police Certificate from Poland that would cover my stay since 2007 up till now Or would you advise me to have someone help me get a fresh Certificate from Nigeria which would accompany the other certificate I will be making here in Poland? (I wonder how they would make one in Nigeria in my absence since I would need to do some finger printing and I have the page with my fingerprints attached to the Certificate I have now) Also what else can be considered financial documents other than bank statements? Apartment ownership title? Vehicle ownership titles? To compliment what is in the bank. Thank you |
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