Unique question
 

Hi all, i have something that is still on my mind in my case....filing a k1 for my fiance, i am a USC and she is a Nigerian Citizen, we started dating and i decided to propose to her while she was in london on her student visa, i started filling for her in July/August of 2010 hoping it will be completed in time....well we got the approval in Febraury and her student visa expired in January of 2011....she applied for visiting visa in February and got a 2 year visiting visa to the UK...when she goes back to the UK, the address she will be staying is the same as where she stayed before, the same one i flied for her at while she was a student since it is a family members house. Now will her going back to the UK to mail in the packet 3 information (which the embassy said they have mailed to her UK address) and get her police cert and everything else to get ready for the interview be a problem since she is going back on a visiting visa?

and what are chances of denials? we are both single, never married, young, no military background, no weapon training, i make 50,000 a year and own my own house with 2 cars, never over stayed on any visa, no criminal record what so ever, never been to any muslim country (in case of AP), and she has police cert from nigeria and the UK...see any chance of a denial? we have lots of pics and a mountain of phone records, some emails and handful of BBM chats.

Also after the embassy gets the DS-2001 and the medical exam results, how long before the interview date?

Re: Unique question
 

It shouldn't be a problem as long as she is in the UK legally.


She's from Nigeria... at best her chances are 50/50 simply due to the traditionally high incidence of visa fraud from Nigeria.


Generally about 4-6 weeks... assuming her case doesn't go into administrative processing which, if it does, there's no way to know how long it'll take.

Ian

Re: Unique question
 

Ian, I'm not sure what you base your less than 50% prediction on. Are there statistics out there that tell us that 50% of Nigerian K1 applicants in London are refused? That said, I can see the Consul asking her why she is interviewing in the UK when she is only on a visitors visa.

Re: Unique question
 

I don't have any firm statistics, but it's well known that Nigeria is a high-fraud country and that the ConOffs really pick apart those cases, more so than for example a UK citizen.

I would expect the fact that she's in the UK on a visitor's visa to be a bit of an issue, only because she's from Nigeria. However, she will be in the UK legally so she should go to the interview and just answer all questions honestly and directly. Only answer the question asked, and don't volunteer more information until the ConOff asks another specific question.

Worst case scenario, the ConOff says they can't adjudicate the case in London because she's not genuinely resident there (she's only a visitor), and refers it back to Nigeria. Best case scenario, she gets approved in London and gets her K-1 visa while she's still there. Be prepared for either outcome.

Are you planning to go to her interview with her? Might be a good idea so they can see you guys interact together.

Rene

Re: Unique question
 

Quick reply:

1. how will they know what visa she is on?
2. I won't be there with her, unfortunately
3. i emailed the embassy on this asking if it is ok that we can please finish in the UK since transferring at this stage will really delay the process by another 3-4 months.
4. the embassy replied asking for case number and so on, i replied with the information and they replied saying for them to continue processing he needs to mail in her packet 3 and do her medical and she should hurry before the 4 months time period expires.
5. i printed the email out and mailed it to her to take with her to the embassy when the interview is given
6. i also called the embassy and a gentleman told me it is ok, she can come back and finish it there as long as she can legally come back.....

u really think it will cause a problem?

Re: Unique question
 

They will look in her passport, and they will ask her.

That's too bad.

That's good. However, the final decision is up to the ConOff, if she doesn't feel comfortable adjudicating the case in London, she can ask for it to be adjudicated in the applicant's home country.

I don't know, I'm just saying it *can*, not that it *will*. Be prepared either way.

Rene

Re: Unique question
 

1- Is she going to misrepresent where she currently lives? She does not live in the UK, even if she is staying at the address she lived at in the past.

4- She must be very close to the petition expiring (the 4 months)?

Re: Unique question
 

so when she is filling out the DS-230 and 156 paper work, when she is asked where she lives she should not put her UK address? that is where is currently living now that she is going back to the UK.

We got approved in February so the 4 months will be up in May, but the docs will be sent in on monday.

Re: Unique question
 

i just the 1-866 US embassy in London, and the guy i spoke with said it is ok for her to continue, i told him the situation and he said yea, as long as she can legally come in for her interview in london.....think i will go with this....and do u still think the chance for a denial will be high because of this?

Re: Unique question
 

Maybe we need a better understanding of what you mean by "a 2 year visiting visa to the UK" and what she's doing in the UK at the moment. I expect that the description of the situation that you gave to the 1-866 phone guy was a bit more comprehensive?

Regards, JEff

Re: Unique question
 

I said to the guy:

When i started filing for my fiance, she was on a student visa studying in the UK, she still had 7 months to the expiration of her student visa at the time and we were hoping the process would complete by then, well her student visa expired in January so she went back to Nigeria from London. She then applied to the london embassy in Nigeria for a visiting visa to the UK and she was giving a 2 year visa to go to the UK (not student visa). She will be stay at the address she stayed at while she was on her student visa. She still gets mail there from her UK bank and school she finished from in December.

She is going back now to mail the packet 3 information and wait for her interview. I expressed in the email i sent to the UK embassy that we will please like to still finish at the UK embassy because if we transfer to Nigeria it will take another 4 to 5 months to get a date and we will like to not extend the already long process that is running on a year now. I expressed in the email that we will greatly appreciate the opportunity to finish this process in london and will be ever greatful. We got an email back saying the embassy cannot continue processing her application until she sends in her packet 3 and that if she has not done a physical, she needs to go to (they provided a link) and get a physical exam done.

The guys on the phone also said they don't see a problem with her continuing the process in the UK, the first guy said as long as she is physically there, the second guy said as long as she is legally there....

Re: Unique question
 

The people on the phone do not work in the Embassy (they are in a different country).

Re: Unique question
 

i don't think that is true, i believe they are in the UK and they do work for the embassy

Re: Unique question
 

and does that mean what they said is wrong?

Re: Unique question
 

Meauxna is right... the people who answer the phone are in a different country. The Embassy is in London, England. The people who answer the phone are at a call center in Scotland, and they do NOT work for the Embassy.


Anything they say to you could be wrong. Indeed, anything an Embassy official says to you could be wrong - even via email. The US Supreme Court has said so.

Ian