Is there any recourse to Kentucky Consular Center if a consulate officer denies me the diversity visa unfairly?
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Is there any recourse to Kentucky Consular Center if a consulate officer denies me the diversity visa unfairly?
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My husband and i went to a US Consulate office and we were denied the diversity visas(the 2009 Session- which will expire on 30th Sept 2009) after a 3 minute interview based on mere suspicion that our marriage is not genuine. Meanwhile my marriage certificate is genuine and all our family members, employers, the registrar of marriages, friends and even our church are all aware that we are married. The consulate has no single evidence to back their decision except suspicion. Is there any recourse? Please help!
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George L
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The Kentucky Consular Center has no authority whatever on diversity visa adjudications. It only administers the registration and the selection of winning entries. However, while you mention that you don't feel the officer's decision was unjust, you don't mention whether you married your husband before or after he received notification of his winning entry. I imagine it was after as I very much doubt you would have received the same decision had you been married before he applied for the program or at least before he won. In any case, the decision is not whether you are legally married, but rather whether you married merely to gain an immigration benefit. If you have evidence that you and your husband had some sort of relationship preceding his winning selection, then appeal the decision or at least try to reapply. any evidence you have to show that the two of you have a real relationship will help. It really is your burden to prove your case. Otherwise, there really isn't all that much you can do. It will be up to your husband if he was approved, and presumably you as well, to decide whether he should go to the US without you, if you're not eventually approved. He could file an immigrant petition for you after he arrives, but that petition would take 5 years before it becomes valid for use, so it's not an immediate solution. but that is at least possible. |
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