My case is a bit complicated and I will appreciate your suggestions.
I had a child out of wed luck in 2016.

In 2019 I applied for a students visa. Scared that I will be denied for being single, I chose "Common Law Marriage" and added my boyfriend's name as a spouse (I know, Big Mistake). The visa got denied, we broke up, I forgot all about it. The child was not added on this student visa application.

Fast forward 2020, I got married to an American Citizen here in Nigeria and he filed an I-130 for me. We went through the NVC process for myself as the wife of a USC and my child as the stepchild of a USC. Everything was approved and we were scheduled for an interview.

The visa interview was in Lagos. When we got there, the officer was nice and friendly and I gave all my documents. She looked at it and then all of a sudden, sent me to another officer.

The new officer I was sent to started asking me questions about my former spouse and that was when I remembered. (I know, so stupid) I said we were engaged to be married but it didn't work out. So he went inside and came out with the white paper stating that my application has been refused under 221g. The agent then told me to tell my husband to call Immigration in the US to get this resolved. My husband has called immigration but they said they haven't received any communication from Lagos regarding our case.

My question now is.

Is it possible to get this resolved?
How long is this process of resolving this going to take?
Should I just forget about this and relocate to another country and try to get to the US from there?

I'm just so confused, sad and depressed.

Thanks in advance for your tips.

Yes it can be resolved via some legal paper means that will validate your travel intent and proof of your ties to home country Nigeria but be ready to spend and pay for such documentations.

franchasofficia:
What concerns ties to home country with an immigrant visa of a US citizen's wife relocating to meet and live with her husband permanently? She is not going for a visit or study or vacation, so no need for ties, all they need is prove that her marriage to the US citizen is genuine and that the child is not being trafficked to the US illegally.


The issue here is that they think her marriage to the USC is one of those arranged marriages Nigerians do to cross over. They don't believe she is truly married to the US citizen that filed for her.



They also believe she is still courting or cohabiting, or engaged/married to that her boyfriend she added as her common law partner during her student visa pursuit.


All that needs to be done is sufficient proof that her marriage to the US husband that filed for her isn't a sham marriage arranged to help her immigrate to The US. They might ask for more supporting documents, including legal right to the child she is taking along, and maybe a paper work showing that that child's biological father is aware that she is taking the child abroad to meet another man; her supposed US husband

Your post is based on assumptions.....I'm typing based on travel info I've been exposed to....so you think the reason they denied her is solely because of the child...lolz....Try find out from a legal practitioner...I'll not say more.

Wittyness

wittywriter:
Yes it can be resolved via some legal paper means that will validate your travel intent and proof of your ties to home country Nigeria but be ready to spend and pay for such documentations.



Wittyness

What concerns ties to home country with an immigrant visa of a US citizen's wife relocating to meet and live with her husband permanently? She is not going for a visit or study or vacation, so no need for ties, all they need is prove that her marriage to the US citizen is genuine and that the child is not being trafficked to the US illegally.


The issue here is that they think her marriage to the USC is one of those arranged marriages Nigerians do to cross over. They don't believe she is truly married to the US citizen that filed for her.



They also believe she is still courting or cohabiting, or engaged/married to that her boyfriend she added as her common law partner during her student visa pursuit.


All that needs to be done is sufficient proof that her marriage to the US husband that filed for her isn't a sham marriage arranged to help her immigrate to The US. They might ask for more supporting documents, including legal right to the child she is taking along, and maybe a paper work showing that that child's biological father is aware that she is taking the child abroad to meet another man; her supposed US husband

franchasofficia:
What concerns ties to home country with an immigrant visa of a US citizen's wife relocating to meet and live with her husband permanently? She is not going for a visit or study or vacation, so no need for ties, all they need is prove that her marriage to the US citizen is genuine and that the child is not being trafficked to the US illegally.


The issue here is that they think her marriage to the USC is one of those arranged marriages Nigerians do to cross over. They don't believe she is truly married to the US citizen that filed for her.



They also believe she is still courting or cohabiting, or engaged/married to that her boyfriend she added as her common law partner during her student visa pursuit.


All that needs to be done is sufficient proof that her marriage to the US husband that filed for her isn't a sham marriage arranged to help her immigrate to The US. They might ask for more supporting documents, including legal right to the child she is taking along, and maybe a paper work showing that that child's biological father is aware that she is taking the child abroad to meet another man; her supposed US husband

This is very helpful. Thank you so much!

My 2 cents. For this not to get anymore complicated than it currently is, you should not make any assumptions as to what the problem is. Your husband, who I'm assuming is in the US, should consult an immigration attorney in the US. They know how to get to the root cause of whatever the issues are and what to do to fix it. Even if you've been deemed inadmissible, there are processes/filings to fix this as the spouse of a US citizen. They have told you as much that your husband should fix it in the US. The process can be slow, convoluted and frustrating without an attorney. Tell him to get one to save himself the wahala. One thing he can do on his own is to contact his Senator to help him get more information.

I appreciate your tip. Thank you!

JustwanJapa:
I appreciate your tip. Thank you!

You're welcome. To put your mind at ease, just know that there is no higher immigration category than spouse/legal children. This normally should be a slam dunk, all things being equal. Being what it is now, it will just take time, but should eventually be successful if you know exactly what to do and do it. Your husband being the petitioner is who they owe a responsibility to so he needs to drive the process.

You’re right. Thank you!