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I have file an I-129F Visa ,my fiance he in had an interview in Lagos. why they sent his file back here to USCIS for review .

Boston, MA |

My Fiance had his interview in Lagos Nigeria , He works have no criminal back ground, they did not stamp his passport but just give a letter, which says Dear Visa Applicant we are returning your petition to the department of homeland security where it was approve with our recommendation that the petition be reviewed for possible revocation any further inquires should be directed to that office,, I need to know what do I need do or who can i talk to,, I have been living in the US for 20 yrs I work I have been to South Korea Spend a month with my fiance I also been to Lagos Nigeria in March of 2012, spend a month there also , My fiance was not treated fairly by the US immigration in Lagos. Marina

Attorney Answers 5

Posted

This is tough. It sounds like they're sending the petition back for revocation. You're going to have to retain an attorney to help address whatever problems are happening here. The reality is that Lagos is one of the most difficult consular posts to deal with as they're accustomed to a high level of fraudulent filings and sometimes good people fall into the mess. You'll nee help getting out of if.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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Posted

Marina,
Taking sides for a possible mistreatment of your fiancée by the Service will be completely unwarranted because no one knows of the reasons why the Petition recommendation to revoke was initiated. At this point, it makes much more sense to retain a professional attorney and make an inquiry of the reason how to remedy that issue before advising you on the legal strategy to complete the case.

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Posted

Without an inquiry it is difficult to say what the issue is.n it could be financial or they did not believe you have a relationship. Let someone review the application for you. Good luck.

This is not legal advice until I am retained and have reviewed all facts about your situation.

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Posted

Sorry to hear about your fiancé's troubles. Please collect all the details from your fiancé (what the questions were, etc) and give us a call to discuss. Theoretically, you are supposed to receive a Notice of Intent to Revoke from the immigration service. In reality, because of the short life of fiancée visa petitions, you will most likely have to refile the case. I am happy to discuss the possible options with you.

Gregory Romanovsky, Esq.
617.787.0000
www.romanovskylaw.com

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Posted

I agree that by the time the fiancee petition has been reviewed by USCIS for possible revocation, its time limit will have expired anyway. So, even though Lagos should have no power to independently revoke a fiancee petition previously approved by USCIS, by sending it back to the U.S. for additional review they will, as a practical matter, be able to kill it.

Without knowing more about your relationship, or your fiancee's admissibility, my rough guess is that it may be worthwhile to go to Nigeria and marry your fiancee, then start the immigrant visa process. If the reason for the fiancee petition being sent back for possible revocation was due to concerns about the bona fides of the relationship, then your decision to travel to Nigeria, marry your fiancee, and file another set of immigrant papers for your partner will speak volumes about your intentions. You may have a more favorable outcome with this second filing.

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