₦airaland Forum

My fiance is in the process of getting his new passport. We are almost at the stage of scheduling his appointment for his K1 visa. Can we do this without his passport number?

I have looked on the website and it asks for the number but I wasn't sure if there was a way around that just in case it does not come before we're ready to schedule.

Thanks for any info!

I've always heard that Nigeria does not allow fiance(e)'s to attend visa interviews with the beneficiary. If this is correct, which I believe it is, is there a specific reason for this? Is it just the amount of applicants that come? Is there any way to get an exception to attend?

I read a review once of a story when a beneficiary had shown their fiance and/or spouses passport, showing that they were outside waiting, and the CO asked them to go get the petitioner to congratulate them both.

I would really like to attend with my fiance so I wasn't sure if there were any exceptions made ahead of time?

Thanks for any info!

.

I know that you are leaving soon and I just wanted to give you one last thank you. I'll be traveling to Nigeria this week to visit my fiance again, so I will not be able to give you a proper goodbye on the day that you officially leave nairaland.

Thank you again for your selfless assistance on this thread. I cannot explain how much your advice and direction has calmed me in some of the most stressful and heartbreaking times. May God bless you and keep you safe. I hope you come check on us once in a while!

God bless!!

VisaOfficer:
Well, if the officer's not convinced that it's a bona fide relationship, the petition would be returned to USCIS with the refusal code 221(g). And now I've given you something new to worry about, so don't think about that right now. One step at a time. Keep swimming, keep swimming.

It is late! Let's call it a night.

>O (that's a fish, by the way)!

I have tried to push that out of the way because I know that our relationship is very real and I believe that they will see that. I am praying so!
Thank you again for everything you do! I'll miss you so much when you officially leave!

VisaOfficer:
Hey, he'd be paying for the interview, there's no selfishness involved. I have no idea how it would go, honestly. Again, not advising you to do it, not advising you not to.

In a way I really want to go ahead and get the misrepresentation out on the table so that when he goes for his K1 visa, it won't completely revolve around him explaining everything... ya know?

I'm worried that they'll refuse him at the K1 because of it and NOT give him the opportunity for a waiver... is that possible?

Thanks for answering all of our stuff at 9:56pm, lol- you're amazing!

VisaOfficer:
I do love policy and procedure questions! Your fiance could apply for a non-immigrant visa, but frankly he's likely to be refused 214(b) as an intending immigrant if his sole reason for applying is to find out if he's going to have an ineligibility for his K1 visa. I could be wrong -- there could be more to the story than what you've posted for my eyes. It's up to you and him, of course.

Every time I type that scenario, it sounds a bit selfish to waste people's time just to speed up our own knowing that he will be refused regardless. Ah, I wish there was a way to file the waiver ahead of time without wasting anyone's time or taking an appointment that someone else could have had.

Ohh, I know how much you love policy and procedure questions so here it goes:

I read where you wrote this:

VisaOfficer:
Greetings! If your husband has already been informed that he is ineligible under INA 212(a)(6)(C)(i), and knows what led to that finding, in my opinion it's all right to go ahead and file the I-601 ahead of time. Just make it clear in the application that you're filing in advance of an immigrant visa interview. Good luck!

As I've posted before, my fiance has misrepresented himself but has not yet gone to be officially told that he is ineligible, I'm assuming that will happen during his K1 interview. Could he apply for a visitor's visa to get the official "ineligible" so we can file the waiver before we get his K1 interview? Even though it would be extra money to do the visitor's visa- maybe it could save us time by having the waiver already being in the queue to be worked on? Does that make sense? Is it even possible? It's probably a long shot but I thought I would ask!

VisaOfficer:
We can update his passport number at the time of his interview. That's one of the things we double-check before we print a visa, always.

Would you believe my parents are in NC?

Oh wow!! What a small world!

VisaOfficer:
I'm in the Washington DC area for training these days -- enjoying it greatly! I should arrive at the next post in late September. Also Western Africa, by the way. I like your continent. Thanks for asking!

That's great! I'm just about 5hrs away from you now in NC! I want to go see my fiance' again though- I miss Nigeria!

Referencing my earlier question-
My fiance was concerned that if we book his appointment with the old passport number, when he gets his new passport and brings it to the interview, if it has a different passport number- will that be an issue? I'm not exactly sure if they give a new passport number when you have a data change and passport expiration or if you always have the same passport number. Thanks for any info!

I hope you get to visit your parents while you're in the states! I guess I'm assuming they live in the US lol

VisaOfficer:
He'll need a valid, unexpired passport. I think (but am not sure) that he can make an appointment with the old passport, but if he comes to the interview with an expired passport, he'll be asked to reschedule.

Thank you for that quick response! I was like, "she's up early! 5:17am!" Then I remembered again that you're no longer in Lagos. How are you enjoying your new post?

Back again with another question...

My fiance surrendered his passport before it expired (exp. December 2014) in order to have some data changed on it. He is still yet to receive his updated passport yet. We are stuck in the TSC backlog but the light at the end of the tunnel is nearing... we will be able to schedule his interview soon, I believe (and pray). Will we be able to use the old passport info to schedule the appt?
Thanks for any info!

To our dearest departing VO,
Thank you so much for your constant assistance, reassurance, and encouragement. From here in the US, it is wonderful to have such an asset in my fiance's country. I am also on VisaJourney and sometimes I post about you and people say they wish they had someone in their fiance(e)'s country that assisted like you do.
Thank you personally for answering all of questions with detailed answers. No one knows how difficult and doubting this journey feels at times unless they've been in it, and you have always went above and way beyond to calm us and give us direction and advice.
Thank you for not getting fed up and having the ability to patiently and respectfully respond to the relentless non-immigrant visa questions when people posted in the wrong thread. I've never seen you ignore anyone's question, you just redirect them very kindly.
Not everyone would put in the effort you have to make the Lagos post what it is. I truly appreciate you and I pray blessings and protection over your life.

You're God-sent for sure!



LOL at your magna-doodle profile picture! You have many hidden talents, I see!!!

VisaOfficer:
Well... I know that I personally am more skeptical of couples who have only met in person once in their lives. However, there are several factors involved in every visa decision. If everything else looks fine, I'd likely go ahead and issue.

Thank you again!!

Good morning! Just another quick question! I visited my fiance in October for 16 days, at which time we were engaged. We have evidence of a face-to-face meeting, as well as plenty of evidence of an on-going relationship. Is it suggested that I visit again before the interview date? It's a bit difficult for me as I have to work and it's expensive, but I can travel again if needed. Do you feel it's necessary or will better our chances, or does it hold no bearing? Thank you again for everything you do for us!

VisaOfficer:
Nairaland is one of my favorite things! My tour in Nigeria is actually getting close to its end and I'm trying not to think about it because I'm really, really, really going to miss Nairaland and all things Naija.

Ohhh, that's such sad news! You will be missed! I wish I could have met you and personally thanked you! Good luck wherever you end up, I know you'll be a wonderful asset. You'll be in my thoughts and prayers!

VisaOfficer:
There are two factors in every visa decision: whether a person qualifies for a visa, and whether the person is eligible for one. Assuming that your fiance does have an ineligibility under INA 212(a)(6)(C)(i), that's a separate issue from whether he qualifies for the visa.

If the interviewing officer believes he qualifies for the visa (that is, the officer believes he has a qualifying relationship with you, the petitioner), but he has an ineligibility, at that point the officer will tell him that he needs a waiver of his ineligibility. Immigrant visas are different from non-immigrant visas in that in non-immigrant visa cases, it's up to the officer to recommend a waiver or not. In immigrant visa cases, there's no recommendation from the officer; the applicant just applies for a waiver, independently of the officer.

There's no way to apply for a waiver in advance -- after all, there might not be an official finding of misrepresentation in our records yet, so USCIS wouldn't know what to do with the waiver application.

I should also clarify that if an applicant qualifies but is not eligible, we don't "refuse" the case irrevocably and forever. We inform the applicant of the ineligibility and halt action on the case, but we keep the case here at post in case the applicant obtains a waiver. (After a few years we send the ineligible cases back to the U.S. for storage, but we can always recreate them if necessary.) It's when we don't believe the applicant has a qualifying relationship with the petitioner that we take the more definitive step of returning the petition to USCIS with a memo recommending that the petition be revoked.

I apologize for the wrong usage of the words. Let me rephrase the question .

A K-1 visa is considered a non-immigrant visa until we are married and can adjust status, correct?

So with that, if he is found qualified, but ineligible because of the misrepresentation in his past, the consular will have to recommend a waiver before we can apply for one? What if they don't recommend one? Can we ask if he can apply for one?

My other question was probably confusing... sorry. Let me try again:

Since we are well aware that we will need a waiver if they recommend one, can I go ahead and have it ready to turn in once he is found ineligible in case they do recommend one?

Is that something he submits in Lagos or do I file the waiver and send it somewhere in the US?

I can't imagine how you get any work done answering so many questions, thank you sincerely for taking your time to do this for us. I know we all say it and I hope it doesn't lose it's meaning- but I am so very thankful for you!

I spoke with you a few weeks back about misrepresentation. Because of the misrepresentation, I'm sure that we will be denied a K1 visa. Although I hate to declare that, sometimes you just have to look at the reality of situations. If you guys are required to deny visas with applicants that have materially misrepresented themselves, that will be our reality. I've read up on the waivers for misrepresentation and I have a few questions...

If the truth would have been told in the past, he would have still been eligible for a visa- he just thought that what he actually told the VO would give him better chances to get a visa than the truth (which we know was a bad idea). When he comes for his interview (with ALL the truth and nothing but) and if he gets denied based on the misrepresentation-will he be allowed to apply for a waiver or is it up to the VO's discretion to allow us to apply for one?

Secondly, If I prepare this waiver before the interview and send it with him- will he turn it in there or do I need to send it to an address in the US?

Thank you for any information- You're such a blessing to us in the immigration process!

VisaOfficer:
Don't kill any trees! I'd advise a couple of messages from each month of your relationship, to show us that it's been ongoing over time.

Also, while I'm sure you wouldn't do this, I want to take this opportunity to ask people not to submit extremely graphic sexual messages and photos. They do not convince us that people have a genuine relationship; they make us think that people are trying way too hard to look like they have a genuine relationship. If you wouldn't let your grandparents read the messages, please don't make us read them.

Haha! No worries, we have none of those messages!! I couldn't imagine that people would actually send those in! Goodness! Thank you so much for all your help, you're a God sent!!

My fiance and I use Whatsapp and the phone to communication mostly. How much conversation should I print out? Just since September we over 1000 Word Document pages, I'm sure you guys don't want that many... what do you suggest?

VisaOfficer:
In this case, it sounds like the officer will indeed find the applicant ineligible for material misrepresentation (use of a different identity). There is a waiver available, however. Waivers are more likely to be granted when the applicant is otherwise credible -- that is, when the applicant tells us what happened instead of hoping we don't notice... which we will, because we have the applicant's fingerprints and photos.

Are they required to deny the applicant because of misrepresentation or is it up to their discretion?

VisaOfficer:
In this case, it sounds like the officer will indeed find the applicant ineligible for material misrepresentation (use of a different identity). There is a waiver available, however. Waivers are more likely to be granted when the applicant is otherwise credible -- that is, when the applicant tells us what happened instead of hoping we don't notice... which we will, because we have the applicant's fingerprints and photos.

Yes, we are dedicated to being open and honest about the situation. I've read up on the waivers and the applicant would be eligible for a visa had they have given all the correct and true representations of themselves the first time.

I just wanted to go into this process either knowing that there was a chance in the interview to still be approved or knowing that we will definitely be denied but that there is a waiver we could possibly be approved for.

Thank you so very much for having this thread! If there's anything else helpful that you could tell me, it would be greatly appreciated!

VisaOfficer:
I do not respond to private messages. If you can't ask your question here, please e-mail our general mailbox at LagosIV@state.gov.

I am surely thankful for any advice you can give me!


The applicant has previously applied for a non-immigrant visa under a different name/passport and misrepresented facts, they were denied for other reasons. It is not known that the facts were misrepresented. Fast forward to now, they have since gotten the passport information changed to their correct information and have been forgiven for getting the Nigerian passport with false information on their countries side of things. Now we're trying to apply for a k-1 visa. We don't want to hide anything, including the past misrepresentations- even though it's not known that the information given was false. I'm not sure if that's making sense...
When the applicant goes in for their interview, I'm sure it will be brought up as to why they applied in a different name and gave false information. My question is, with the VO being told the truth about the misrepresentation, do they automatically have to deny them or is it up to their discretion?

VisaOfficer:
It depends on the nature of the misrepresentation. If there's already an ineligibility entered by a previous officer, we're not allowed to issue over it, though; the applicant will need to seek a waiver.

Is there a way I can private message you?