babyface2005

need some advice especially from those of us that passed thru the Lagos consulate.

I'm schedule for an interview next month in the Lagos consulate and I need all the advice that I can get.

This is my story.....

I was traditional married as 2003, we didn't make it to the white wedding b4 we went our seperate ways, in that year I also applied for visiting visa to US, wanted to attend my freinds wedding but was denied.I indicated that I was married in the application.

In january 2005 I meet my fiance a USC thru his sister and we hit it off. He was in Niga for 1 month,we agreed to marry, got him introduced to my parents b4 he went back. Found out I was pregnant after he was gone. I will have had our daughter b4 the scheduled interview.

He's filed for the K1 for me but I have some questions.

1. How will the earlier visa denial affect my case.
2. What evidence of engagement do I need
3. What other supporting document will I use to establish a relationship?- we don't write e-mails, except when I have to send my pictures to him as the pregnancy advanced. we use yahoo chat and the chat records were not kept. we also talk a lot on the phone but records does not show his number, cause he uses cards. I call him using internet phone in a public cybercafe so no record of that too. we have only 3 pictures of us together.

I'm really afraid that we may not have enough document to support our case..

any advice that I can get will be appreciated.
Pls ask questions if u need any clarifications

thank u

CarlM

Maybe he can come visit you and stay for a while? That way youll have some receipts, photographs, and more evidence that this isnt a sham marriage?

Folinskyinla

Hi:

I may have spoken too soon in my prior reply. Please accept my apologies.

I simply assumed that because you didn't mention anything about the divorce from your first spouse you didn't have such a divorce.

I also assumed that YOU didn't dislose the prior marriage on the G-325A you filled out and signed. I also assumed that your finance failed to list your prior marriage on the I-129F.

Make sure you establish the dissolution of your first marriage.

babyface2005

The first marriage was disclosed in G325A and I-129F, a divorce was also obtained according to the customary law on marriage (since we didn't do the court or church marriage)

But really the major things I'm worried abt are the 2 and 3 problems I listed in my post.


will appreciate any advice

thanks

Folinskyinla

Hi:

Excellent -- but make sure you document that divorce with valid paperwork. And don't even think of making up "new" paperwork.

It pays to remember that the Department of State has a "fraud profile" by overseas post -- and from bad to worse on fraud it is -- "low fraud", "medium fraud", "high fraud", "Lagos". [I've been told this by ex-ConOffs].

Have you perfromed paternity tests on the child? Has your beloved issued a declaration that he is aware of the pregnancy and he still wants you? Has he acknowledged that the child is his? I don't mean this to be insulting, but if you establish to a fair certainty, it strikes me as evidence that you really have a relationship -- no?

BTW, proof of paternity may cause your daughter to be ineligible for a K-2 visa -- she may need a US passport instead [Only "aliens" are eligible for visas -- US citizens can't get them].

Good luck.

ian-mstm

Does anyone else hear Billy Idol singing in their head?

Ian

babyface2005

Can't perform paternity test cause she's not here yet! he's aware of the pregnancy and ofcourse he still wants me!. What we planned to do is to get a US passport for her, so we're going to start the process as soon as she's born(which will be in a week or two)

Is it possible that having her together is enough evidence even though we have few pictures and e-mails correspondences? I'll like to be well prepared for the interview so will like to have all the documentation that I need and can get.

will taking her to the interview help our case in any way?

Folinskyinla

Hi:

You are dealing with Lagos -- don't ever forget that. If any negative inference can be drawn from a fact, it is that negative inference that will be drawn. YOU may know the facts behind who fathered your child, but don't assume that the Embassy will.

The acknoledgement will go a long way. But I would get the blood test ASAP.

ian-mstm

You don't need any evidence of engagement. You need to establish that you met face to face at least once in the two years prior to submitting the paperwork. I think a baby will do that quite nicely.

Ian

JJ&ST

Hi,

I have just read your post. I do wish to advise but not in a hurry but will comment in a candid manner which will be helpful to you in your interview. Look out in a few days,too busy to write much now. Cheers.

JJ&ST

My candid opinion:

1. Answering your question number one, you will have no problem with the previous attempt because it was a different type of visa which you were unable to prove that you will return to Nigeria. But in this K-1 you don't need to prove such. However, it will be a problem if you lie. If you are asked have you ever applied to go to the US, please answer YES....to attend a friend a wedding. Don't no because they have all records.

2. Evidence of engagement. No you do not need to present any evidence of engagement, but the onus is on you to proof that you were having a valid or true relationship as opposed to marriage of convenience. But if he had proposed to you during his visit and bought you a ring. The receipt could be part of your evidence toward proofing a genuine relationship. But you didn't have such.

3. Establishing a relationship: Based on your story. This is where you are having a problem.
(a) The dissolution or divorce of your previous marriage (traditional or Civil) is not made clear. I am aware that Lagos Embassy recognise traditional wedding, and am quite sure that the dissolution of such can be carried and recognised by the embassy only if done through the Customary Courts. Customary courts do recognise the traditions and native laws in which "traditional wedding" falls into. It cannot be dissolved in the Civil High Court. So I still maintain that your divorce is not clear. Hence you can still be considered married until you present something tangible. But like Mr. F said, you can not manufacture one urgently.(still my opinion).

4. Evidence: You have only three pictures to prove a valid relationship. You have email copies. Eventually it was a hasty and arranged thing masterminded by his sister who hooked up with his USC brother.Beware that the embassy in Lagos already knows all the tricks. Because your stories reminds me of an incident in the embassy where they refused to grant visa to a girl accusing her of trying to hook the USC because the Nigerian girls rush for American husband. They may suspect that you left you previous husband because of the ambition to travel to US. Please this is a true story and personal to you.

5. Concluding: Having made you to be aware of the problems may confront you. In order to be successful.
(a) Get your marriage dissolution in order.
(b) Let your fiance travel home to attend the interview with you. Though he will not be allowed inside, but let the officer know that your fiance is waiting outside and willing to come if allowed. That will be an automatic help for him to adjudicate your case positively.So phone him to buy his ticket and fly down, if he is not already doing so now.
(c) Two pictures is not enough, but if you don't have more its also not a crime but proofs that two of you actually did meet and good also if its film-dated !
(d) A letter of consent of the relationship from your parents and his and a traditional ruler or leader in your community and any other person close to you like your church Pastor. These letter can go a long way to help establishing your relationship since you have just three pictures. Please do this and you will succeed.
(e) Finally, the pregnancy issue does not really count to proof that you had a valid relationship as far as the embassy is concerned. Instead it may bring more problems as they may require you to prove that the child belongs to him or not by carrying out a test.And requiring him to come down for his blood test. But like I said in K-1 Fiance visa, that you are pregnant does not count as evidence of a valid relationship. But if you follow through as I enumerated above, you will be victorious.

Folinskyinla

Hi:

A good post! The only thing I would add is that the applicant has to be BRUTALLY HONEST. I've tried to say that in different ways.