tonyphil:
Hello VO,
Glad to have u bac...pls wen next you plan to disapppear,can u give us a heads up!!!! It was worrying for us!!!!
To my case and more questions.....my wife is arriving naija this month so we can hav d registry marriage and begin d k3 petition asap....we also hired a lawyer to help identify and clear any grey areas in d process......my question is....after spending almost 10 months and plenty of $$$ on the k1 process....is it too much to ask dat we get a written report about the reasons for the denial of the k1 petition?
Oh...and am tempted to invite u for our court wedding!!!!!!

Sorry! I thought I'd only be gone for three days, but then the computer rejected me!

You should have received a letter from us at the time of your interview. Did it specify that you are already married and thus not eligible for the K1? If not, that would be within my authority to issue.

The good news for you is that our computer records already indicate that we believe your relationship is bona fide and that you are in fact traditionally married. That means that when you appear for a spouse visa, it's unlikely that anyone will question your relationship with the petitioner. (I know that this doesn't make up for the delay, but I hope it alleviates some of your worries.)

Greetings V.O :
Good having you back..
I'd wait till after ma interview.
Have a great day..#Blessed

VisaOfficer:


Either way is fine. You can either get a new passport now, or wait and let us tell you you need one when you come to your interview.

VisaOfficer:


Yes, he can file the I-130 for them (just one if he's still an LPR; if he's an American citizen, one for each of them). We will have extra questions about his relationship to the wife and children, as from our point of view they have suddenly sprung into existence as if by magic. But if it's a bona fide relationship, they should be all right.

So easy? Why did people kill their visas by including children on the DS forms but not on the eDv?

hlo officer,my brothers immigrant visa was denied and sent back to uscis..anyhow do u know how long does it take uscis to receive the case and review it??if we are able to rebut the consulars decision can they deny him again for the same reason of previous denial during his 2nd interview? pls throw some light on this issue.
thanx

VisaOfficer:


We should switch to IR1. That lets you obtain the permanent LPR card rather than the conditional one, so it's in your best interest. Please remind us at your interview -- or let me know what your case number is and I'll make the change myself.

But i'm already done with my interview ,so embassy could forget to switch it ? they r waiting me to send them the joint sponsor and then i have to wait for administrative process too ,i don't know for how long

ferdimako:

So easy? Why did people kill their visas by including children on the DS forms but not on the eDv?

Because honesty is the best policy and it is wrong to lie? Because, even if you can file for your pre-existing spouse and children, there are OTHER consequences of obtaining a Diversity Visa through fraud that will come back to haunt you later, such as maybe never being allowed to naturalize as a U.S. citizen? And, yes, lying about having failed to list a pre-existing spouse and children is fraud.

desiJatt:
hlo officer,my brothers immigrant visa was denied and sent back to uscis..anyhow do u know how long does it take uscis to receive the case and review it??if we are able to rebut the consulars decision can they deny him again for the same reason of previous denial during his 2nd interview? pls throw some light on this issue.
thanx

It depends what visa category it was and what the reason for the denial was. Could you provide more context?

ferdimako:

So easy? Why did people kill their visas by including children on the DS forms but not on the eDv?

I was going to say the same thing.I thought once done ,no way.
V.O dear,kindly shed more light please.

imhassan:

But i'm already done with my interview ,so embassy could forget to switch it ? they r waiting me to send them the joint sponsor and then i have to wait for administrative process too ,i don't know for how long

If you're still in administrative processing, you're not done yet. Please send us an e-mail and remind us to change the category from CR1 to IR1. The change does NOT happen automatically in our system, so if you start the process as a CR1, interview as a CR1, and then your anniversary happens, it's up to you to let us know.

cute2014:

I was going to say the same thing.I thought once done ,no way.
V.O dear,kindly shed more light please.

Committing fraud to enter the U.S. as a Diversity Visa applicant -- in this case, failing to tell us about a pre-existing spouse and children -- constitutes unlawful entry into the U.S. Unfortunately (in my opinion), this fraud often does not come to light until the person has entered the U.S. as a Legal Permanent Resident. If we find out before the person travels, we can stop him from traveling, or keep him from adjusting status as an LPR. One the person becomes an LPR, though, the consequences change somewhat. If there are additional offenses involved, we may start considering deportation... but if the failure to list the spouse and children is the only violation, we likely would not pursue deportation (although, legally, we could). The person will have difficulties becoming an American citizen, though, because he has committed fraud.

Aside from all the patriotic reasons why becoming an American citizen is a good thing, keep in mind that American citizens enjoy certain rights and protections that LPRs do not.

A U.S. citizen is eligible to receive a U.S. passport. Many countries allow visa-free travel for U.S. citizens.

A U.S. citizen can leave and reenter the U.S. at any time without being subject to the grounds of inadmissibility or requiring a reentry permit. There are no restrictions on the number of days you can remain outside the United States.

U.S. citizens can vote in U.S. federal and local elections, hold certain government jobs, and serve on juries. Many federal and state government grants, scholarships and benefits are available only to U.S. citizens.

As a U.S. citizen, you can petition for a number of your relatives to immigrate. Your spouse, unmarried children under age 21, and parents will be considered immediate relatives, and eligible to immigrate just as soon as you can get through all the paperwork and interviews. Your married children and children over age 21, as well as your brothers and sisters, are considered preference relatives, and can be put on a waiting list to immigrate.

U.S. citizens who break the law enjoy certain protections that LPRs do not. Remember, LPRs can be deported.

Also, as you all know, it makes me really cranky when I find out people have looked me in the eyes and lied to me. You don't want me to lose my faith in human nature, do you?!?

Good day v.o,i realy appreciate your effort sofar in solving most of the problems we all encounter one way or the other,v.o my question is,i want to apply for u.s visa and am going there to buy fairly used cars and take them down here,what are the document am to present and the questions i wil b asked at the embassy,this is my first time am about travelin to the united state anyway..thanks am awaitin ur response.

VisaOfficer:


Sorry! I thought I'd only be gone for three days, but then the computer rejected me!

You should have received a letter from us at the time of your interview. Did it specify that you are already married and thus not eligible for the K1? If not, that would be within my authority to issue.

The good news for you is that our computer records already indicate that we believe your relationship is bona fide and that you are in fact traditionally married. That means that when you appear for a spouse visa, it's unlikely that anyone will question your relationship with the petitioner. (I know that this doesn't make up for the delay, but I hope it alleviates some of your worries.)

Hello VO,
I feel like hugging u right now...but like u said it doesn't make up for delay and d $$ involved in the spousal process..
No I dint receive any report from d officer...I will b very grateful if u can issue this ...basically for records purpose....thank you so much for your help ...at least this will make d waiting period a lil less stressful....
Is der no way to accelerate dis process? My wife will soon be puttin to birth..any suggestion will b appreciated..

davj50:
Good day v.o,i realy appreciate your effort sofar in solving most of the problems we all encounter one way or the other,v.o my question is,i want to apply for u.s visa and am going there to buy fairly used cars and take them down here,what are the document am to present and the questions i wil b asked at the embassy,this is my first time am about travelin to the united state anyway..thanks am awaitin ur response.

This is a question for my non-immigrant visa colleagues at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening . Just tell the truth, and if you qualify and are eligible, you'll get a visa.

tonyphil:

Hello VO,
I feel like hugging u right now...but like u said it doesn't make up for delay and d $$ involved in the spousal process..
No I dint receive any report from d officer...I will b very grateful if u can issue this ...basically for records purpose....thank you so much for your help ...at least this will make d waiting period a lil less stressful....
Is der no way to accelerate dis process? My wife will soon be puttin to birth..any suggestion will b appreciated..

Shoot us an e-mail to LagosIV@state.gov and mention Nairaland (so it gets forwarded appropriately), and I'll generate a copy of the letter you should have received.

The best way to accelerate the process is to make sure all necessary documents are submitted to USCIS along with the I-130!

VisaOfficer:


Committing fraud to enter the U.S. as a Diversity Visa applicant -- in this case, failing to tell us about a pre-existing spouse and children -- constitutes unlawful entry into the U.S. Unfortunately (in my opinion), this fraud often does not come to light until the person has entered the U.S. as a Legal Permanent Resident. If we find out before the person travels, we can stop him from traveling, or keep him from adjusting status as an LPR. One the person becomes an LPR, though, the consequences change somewhat. If there are additional offenses involved, we may start considering deportation... but if the failure to list the spouse and children is the only violation, we likely would not pursue deportation (although, legally, we could). The person will have difficulties becoming an American citizen, though, because he has committed fraud.

Aside from all the patriotic reasons why becoming an American citizen is a good thing, keep in mind that American citizens enjoy certain rights and protections that LPRs do not.

A U.S. citizen is eligible to receive a U.S. passport. Many countries allow visa-free travel for U.S. citizens.

A U.S. citizen can leave and reenter the U.S. at any time without being subject to the grounds of inadmissibility or requiring a reentry permit. There are no restrictions on the number of days you can remain outside the United States.

U.S. citizens can vote in U.S. federal and local elections, hold certain government jobs, and serve on juries. Many federal and state government grants, scholarships and benefits are available only to U.S. citizens.

As a U.S. citizen, you can petition for a number of your relatives to immigrate. Your spouse, unmarried children under age 21, and parents will be considered immediate relatives, and eligible to immigrate just as soon as you can get through all the paperwork and interviews. Your married children and children over age 21, as well as your brothers and sisters, are considered preference relatives, and can be put on a waiting list to immigrate.

U.S. citizens who break the law enjoy certain protections that LPRs do not. Remember, LPRs can be deported.

Also, as you all know, it makes me really cranky when I find out people have looked me in the eyes and lied to me. You don't want me to lose my faith in human nature, do you?!?

Good day ma and welcome back nice to read from u. Without trying to coverup for someone that got d visa fraud ad u said. What is d concequence if the person becomes citizen before coming out with d truth. U only talk about if d person is LPR

VO is alive

Hello visaofficer,
can my business associate who is a US citizen file an Immigrant petition for me while I am on a business visa in the US?

reeq:
Greetings V.O :
Good having you back..
I'd wait till after ma interview.
Have a great day..#Blessed

@Reeq
I know u dint direct ur question to me but am forced to advice you as a fellow naija broda...please get ur passport before d interview...

DobraDobra:


Good day ma and welcome back nice to read from u. Without trying to coverup for someone that got d visa fraud ad u said. What is d concequence if the person becomes citizen before coming out with d truth. U only talk about if d person is LPR

If someone obtains U.S. citizenship through fraud, he can lose his citizenship if the government decides to pursue the case. It's rare, but it happens. I'm going to plagiarize a non-governmental website for a moment:

Falsification or Concealment of Relevant Facts: You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process. Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted. Examples include failure to disclose criminal activities or lying about one's real name or identity.

It's best not to risk it. It can come back to bite you years later.

Gevic:
Hello visaofficer,
can my business associate who is a US citizen file an Immigrant petition for me while I am on a business visa in the US?

The short answer is probably not. Please see http://travel.state.gov/content/visas/english/immigrate/types/employment.html for information about employment-based immigrant visas.

Good day VO,
Thanks for being of such an assistance to us.
Please would like to know the waiting time between NVC and nigeria consulate to schedule CR1 interview and since almost all the required original documents have being submitted to NVC,there is none to bring for interview. Also am yet to hear from NVC and my passport expires soon,what can I do? What are expected to be done or brought to ensure successful CR1 interview apart from being honest in all documentation? Thanks

lissagal:
Good day VO,
Thanks for being of such an assistance to us.
Please would like to know the waiting time between NVC and nigeria consulate to schedule CR1 interview and since almost all the required original documents have being submitted to NVC,there is none to bring for interview. Also am yet to hear from NVC and my passport expires soon,what can I do? What are expected to be done or brought to ensure successful CR1 interview apart from being honest in all documentation? Thanks

NVC just asked us to accept more cases in December (we said yes), but they haven't asked for our January schedule yet. To me this indicates that if a case is completed at NVC during the next few weeks, it will likely be scheduled in January.

I'd go ahead and renew your passport as soon as possible.

Every relationship is different, so feel free to bring whatever you happen to have. Letters, photos, e-mails, etc. are all good, but the most important thing will be the interview itself. If you can talk about the relationship and answer basic questions, you should be fine. We don't expect you to know EVERYTHING; as I tell my officers, my mother once painted our kitchen walls yellow (they used to be blue) and my father didn't notice for six months. But my father could (probably) talk about my mother's favorite meal and where everyone usually sat at the table. That's why we ask a lot of questions rather than only a few.

his visa catogery was ir-2 ....denial was on the basis that adoption is not valid cuz adoption didnot met some provison of the adoption law

VisaOfficer:




[b]The good news for you is that our computer records already indicate that we believe your relationship is bona fide and that you are in fact traditionally married. [/b]That means that when you appear for a spouse visa, it's unlikely that anyone will question your relationship with the petitioner. (I know that this doesn't make up for the delay, but I hope it alleviates some of your worries.)

Hello VO good to have you back.
Please i have few questions to ask.

1. Please does this apply to those that are in fact married traditionally and also had a court wedding. Do you tend to believe the beneficiary and petitioner have a boni fide marriage when both marriage is done?

2. What is the success visa rate of a Nigerian getting married to a white or Caucasian spouse and what is the success visa rate of a Nigerian getting married to a fellow Nigerian who is also a U.S citizen. ( am sorry i don't mean to be a racist). Do you take it easy on the beneficiary if he/she is married to a fellow Nigerian/American.

3. On the interview day, does the CO that will interview the beneficiary go thru the case file before the beneficiary gets called to the window. Does the CO have full knowledge of the case file in his/her hand before conducting the interview and is it true that most CO already know their decision or they know if they will issue the visa for that case file or not.

4. Does front-loading at USCIS stage or side-loading at the NVC stage help the case decision at the embassy?

5. Do you frown at long age gap, for instance if the petitioner(husband) is like 20yrs older than the beneficiary (wife) and was never married before and neither has any kids before. Does that help in the CO's decision considering the fact that both of them are looking forward to start a family ASAP.

Am so sorry for my long questions. Your response will be greatly appreciated.

desiJatt:
his visa catogery was ir-2 ....denial was on the basis that adoption is not valid cuz adoption didnot met some provison of the adoption law

Well, if the adoption's not valid, I'm not sure how he's going to rebut the denial... but if the case is reaffirmed we'll be glad to take a look at it.

[quote author=VisaOfficer post=27347407]

Yes, he can file the I-130 for them (just one if he's still an LPR; if he's an American citizen, one for each of them). We will have extra questions about his relationship to the wife and children, as from our point of view they have suddenly sprung into existence as if by magic. But if it's a bona fide relationship, they should be all right.
[/quote
Thanks ma.he is still an LPR, He's one of the dv 2014 winners.so just one form for all of them I mean the wife and the three kids. I have told him the wife should be ready for questions and be ready to convince the consular officer about the relationship.

eoc4ever:


Hello VO good to have you back.
Please i have few questions to ask.

1. Please does this apply to those that are in fact married traditionally and also had a court wedding. Do you tend to believe the beneficiary and petitioner have a boni fide marriage when both marriage is done?

Applicants need to have had a court or church wedding to submit a certificate to USCIS, so we don't really see spouse cases that only have traditional marriages. We're more interested in whether the person can easily talk about why they did or did not have a traditional marriage than whether they had one or not.

2. What is the success visa rate of a Nigerian getting married to a white or Caucasian spouse and what is the success visa rate of a Nigerian getting married to a fellow Nigerian who is also a U.S citizen. ( am sorry i don't mean to be a racist). Do you take it easy on the beneficiary if he/she is married to a fellow Nigerian/American.

I didn't think that was a racist question at all. Most of the relationship cases we see are between people with Nigerian backgrounds -- often the petitioner is Nigerian-American, or born to Nigerian-American parents. Sometimes the petitioner has no apparent ties to Nigeria. We ask a lot of questions that boil down to "So how did you meet this person who has no ties to Nigeria whatsoever?" -- but we ask that about African-American petitioners too (not just white petitioners). The United States is a very diverse country and it would be hard to find an American of working age who doesn't see interracial relationships as a normal part of our society. We also understand that people do meet and fall in love online.

I've never researched the issuance rate for fiance / spouse visas when the petitioner has ties to Nigeria / does not have ties, but I believe you have just inspired me.

3. On the interview day, does the CO that will interview the beneficiary go thru the case file before the beneficiary gets called to the window. Does the CO have full knowledge of the case file in his/her hand before conducting the interview and is it true that most CO already know their decision or they know if they will issue the visa for that case file or not.

We do review the cases before we call the beneficiary to the window. It's true that we form a general impression when we review a case -- but one of the first things you learn as a Consular officer is how quickly things can change when you're actually talking to the beneficiary! I've had cases that looked great on paper that fell apart at the interview window. I've also had cases that looked terrible on paper, but the beneficiaries were able to explain away everything that looked bad. The interview is absolutely the most important part of an immigrant visa case.

4. Does front-loading at USCIS stage or side-loading at the NVC stage help the case decision at the embassy?

I take it you mean the cases that show up with 2,000 pages of printed e-mails and a stack of photos 10 cm thick? In those cases, the evidence is so excessive that it ends up being neutral. When I see a case like that, I think, "Is this such a good case that they have all that stuff handy, or is it such a bad case that they're trying to overwhelm us with paper?" My personal preference would be for people to not kill so many trees.

5. Do you frown at long age gap, for instance if the petitioner(husband) is like 20yrs older than the beneficiary (wife) and was never married before and neither has any kids before. Does that help in the CO's decision considering the fact that both of them are looking forward to start a family ASAP.

On one hand we try to be aware of what's the norm in the countries where we work -- on the other hand, we know that all people are different. Here in Nigeria it seems like having children is a societal norm, and people who choose not to have children are rare. (Correct me if I'm wrong!) On the other hand, I have Nigerian friends who have told me they've decided not to have children. So, to answer your question, we'd never decide a relationship wasn't genuine just because of an age difference or whether the couple had children or not. All our applicants are individuals.

Am so sorry for my long questions. Your response will be greatly appreciated.

My pleasure! I like it when I have a chance to think through and articulate the reasons we do what we do. Your questions and feedback help make me a better officer.

AREOLA:
Thanks ma.he is still an LPR, He's one of the dv 2014 winners.so just one form for all of them I mean the wife and the three kids. I have told him the wife should be ready for questions and be ready to convince the consular officer about the relationship.

~grumble grumble~ Yes, he can file for his spouse, with the children as derivatives. ~grumble grumble grumble~

Hi @Visaofficer

I have just been refused a K1 Visa and given a letter which bears the 221(g). The consular told me they were returning my case to the department of homeland security or USCIS to advice that it be revoked.

He however said at which point the USCIS will contact my Fiance' to request for more evidence, I wonder what more evidence that might be. He said at that point everything will be in the hands of my Fiance'.

I have to say that I am a bit no longer Interested in this K1 visa thing as we (Fiance' and I) initially planned this whilst we weren't sure of what country we would live in, however now that things are moving in the right direction in Nigeria business wise I suggested that she moved to Nigeria since January this year ( but women never listen) she kept the pressure on and I eventually had to model my business to run itself and went for the Interview.

Now that I've been refused, I am somewhat relieved but I know it won't end there because she won't let go!

I believe that I need to sit her down and talk some sense into her in person, do you suggest that I apply for a visitors visa right away ( I have the finances for this) or do you suggest we wait to hear from the USCIS on their supposed reason why they might honor the suggestion for revocation of our approved petition.

Regardless of if they ask for more Info and we are able to provide it which might be in 4 weeks time who knows?

Do you think I should apply for a visiting visa and go talk some sense into this female in person ( because technology has stopped working on women) or will it seem too desperate if I applied in that category within a few days of being refused a K1.

I'm under pressure from her, her family, my family and even myself, we've been dating for 3 years now already.

please advice

VisaOfficer:


Applicants need to have had a court or church wedding to submit a certificate to USCIS, so we don't really see spouse cases that only have traditional marriages. We're more interested in whether the person can easily talk about why they did or did not have a traditional marriage than whether they had one or not.



I didn't think that was a racist question at all. Most of the relationship cases we see are between people with Nigerian backgrounds -- often the petitioner is Nigerian-American, or born to Nigerian-American parents. Sometimes the petitioner has no apparent ties to Nigeria. We ask a lot of questions that boil down to "So how did you meet this person who has no ties to Nigeria whatsoever?" -- but we ask that about African-American petitioners too (not just white petitioners). The United States is a very diverse country and it would be hard to find an American of working age who doesn't see interracial relationships as a normal part of our society. We also understand that people do meet and fall in love online.

I've never researched the issuance rate for fiance / spouse visas when the petitioner has ties to Nigeria / does not have ties, but I believe you have just inspired me.



We do review the cases before we call the beneficiary to the window. It's true that we form a general impression when we review a case -- but one of the first things you learn as a Consular officer is how quickly things can change when you're actually talking to the beneficiary! I've had cases that looked great on paper that fell apart at the interview window. I've also had cases that looked terrible on paper, but the beneficiaries were able to explain away everything that looked bad. The interview is absolutely the most important part of an immigrant visa case.



I take it you mean the cases that show up with 2,000 pages of printed e-mails and a stack of photos 10 cm thick? In those cases, the evidence is so excessive that it ends up being neutral. When I see a case like that, I think, "Is this such a good case that they have all that stuff handy, or is it such a bad case that they're trying to overwhelm us with paper?" My personal preference would be for people to not kill so many trees.



On one hand we try to be aware of what's the norm in the countries where we work -- on the other hand, we know that all people are different. Here in Nigeria it seems like having children is a societal norm, and people who choose not to have children are rare. (Correct me if I'm wrong!) On the other hand, I have Nigerian friends who have told me they've decided not to have children. So, to answer your question, we'd never decide a relationship wasn't genuine just because of an age difference or whether the couple had children or not. All our applicants are individuals.



My pleasure! I like it when I have a chance to think through and articulate the reasons we do what we do. Your questions and feedback help make me a better officer.

Thanks alot ma. You are indeed a blessing.

Dear VO,

I'm a us citizen, and did the 1-130 for my husband, he went for the interview and the consulate was "unable to issue a visa at this time due to insufficient documentation". We brought EVERYTHING they asked for including photos of our wedding. He even applied for a B1/B2 visa after that but was still denied. Since I'm expecting early November, my husband was told to wait till DNA evidence is provided. My questions are:

1. Why was the information provided insufficient? What if I wasn't expecting?

2. Does the DNA process really take 6 to 12 weeks to complete? I was hoping he will be around for Christmas if I deliver around 1st week of nov

3. If the DNA is positive between mum, dad and child, is it possible they will still come up with something else and deny the visa? Cuz I'm really scared now.

I'm sorry for the multiple questions, but thank you so soo very much for ur time!

SO

angrybird:
Hi @Visaofficer

I have just been refused a K1 Visa and given a letter which bears the 221(g). The consular told me they were returning my case to the department of homeland security or USCIS to advice that it be revoked.

He however said at which point the USCIS will contact my Fiance' to request for more evidence, I wonder what more evidence that might be. He said at that point everything will be in the hands of my Fiance'.

I have to say that I am a bit no longer Interested in this K1 visa thing as we (Fiance' and I) initially planned this whilst we weren't sure of what country we would live in, however now that things are moving in the right direction in Nigeria business wise I suggested that she moved to Nigeria since January this year ( but women never listen) she kept the pressure on and I eventually had to model my business to run itself and went for the Interview.

Now that I've been refused, I am somewhat relieved but I know it won't end there because she won't let go!

I believe that I need to sit her down and talk some sense into her in person, do you suggest that I apply for a visitors visa right away ( I have the finances for this) or do you suggest we wait to hear from the USCIS on their supposed reason why they might honor the suggestion for revocation of our approved petition.

Regardless of if they ask for more Info and we are able to provide it which might be in 4 weeks time who knows?

Do you think I should apply for a visiting visa and go talk some sense into this female in person ( because technology has stopped working on women) or will it seem too desperate if I applied in that category within a few days of being refused a K1.

I'm under pressure from her, her family, my family and even myself, we've been dating for 3 years now already.

please advice

The only real answer I can give you is a clarification: USCIS usually doesn't contact petitioners in K1 cases that are returned for possible revocation. That's because I-129Fs are only valid for four months; once they've expired, USCIS usually closes the cases. Sorry about the miscommunication. We officers discussed USCIS and Ks in light of your question and are back on the same page now.