I am writing about my fiancee's experience at the U.S. Consulate in Lagos, Nigeria, with the hope that someone who had similar experience and remedied it could e-mail me and let me know how I could do likewise.
I was separated from my wife in early 2006. We divorced in October 2006. In June 2006 I visited Nigeria during which period a met a young lady. I proposed to her after my divorce and she said yes. In January 2007, I filed a K-1 petition with USCIS. It was approved but when she went for the interview in September 2007, she was denied. Here is a text of the letter that the Consular Officer gave her, and I am writing it verbatum:
Dear Visa Applicant:
We are returning your visa petition to the Department of Homeland Security Office where it was approved with our recommendation that the petition be reviewed for possible revocation. Any further inquiries should be directed to that office. The reasons are as follows: The relationship purported in this petition is not a real relationship. This is a relationship established for immigration purposes only.
Chief, Visa Unit
The sad part of the whole episode is that contrary to the Consular Officer statement that my fiancee and I had no relationship, it is not true at all, because we, indeed, did have a relationship. We were not given the opportunity to appeal our case and our file was immediately returned to USCIS in California.
In December 2007, I received a letter from USCIS that the approved petition had been sent to them, and they would inform me of what action they would take at a later date. As of this writing, I still haven't heard from them.
Also in December 2007 I visited Nigeria again and my fiancee and I got married in January 2008. I filed an I-130 with USCIS and received NOA1. I am now awaiting NOA2.
I am concerned about what could happen when she returns to the U.S. Consulate for another interview. I have been told that I need to file Form I-160, waiver of inadmissability. Other people said I shouldn't, that it is not required. Still others also said I need to resolve the issue of the denied petition before my wife attends a new interview. I am confused and hope I can get some help from visitors to this site, especially Mr. Amir who has posted many articles about the visa process. Mr. Amir, I hope you can help. Anyone should feel free to e-mail me. My e-mail is [email protected]