QUESTION

How do I appeal section 221(g)/K1 fiance visa denied (Ghana)?

Asked on Nov 06th, 2013 on Immigration - California
More details to this question:
With the below letter, how do we appeal? Do we need to start over the process of K1? How long could it take? We have so much evidence from 2011 to 2013. They did not even look. They asked to my fiancee so many questions, the most annoying one was "why does he come to Ghana so many times to see you, does he work in the US?". My fiancee replied : "He is a consultant in telecom, he works at his own space". The letter states: "Dear Petitioner: We are unable to offer a visa in the above mentioned case because the applicant has been ineligible under section 221(g) of the Immigration and Nationality Act (INA). This section prohibits with the issuance of visa to anyone whose application does not comply with INA..."
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5 ANSWERS

Bruce A. Coane
Generally, there is no direct appeal of the denial of a visa at a consulate. There are ways to attack the decision, such as through a lawsuit, or perhaps have a lawyer intervene with the consulate.
Answered on Nov 12th, 2013 at 4:16 AM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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INA 221(g) has a very broad definition. Basically, the US is not required to issue a visa to anyone; moreover, the US is not required to justify its decision either. So what you could do is go back to Ghana, marry your fiance there, and file I-130 for her as your spouse now. You will have to start over, as this is a completely new and different process, and you will have to supply proof of your income to show your ability support your wife in the US. But you may have a much better luck if you go this route - unless, of course, there is more to your story. For example, sometimes even close family members, direct relatives are denied an immigrant visa if the US believes that those relatives are doing or were doing something illegal, have certain criminal record or have (or are perceived to have) any ties to terrorism. If yours is a simple case that got denied for no apparent reason (perhaps they did not believe that you are working and if so, you cannot afford to financially support your fiance, and so she cannot come to the US), marry her and then file for the wife.
Answered on Nov 12th, 2013 at 3:25 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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You need to hire an attorney to handle your case. There is no simple answer here.
Answered on Nov 12th, 2013 at 3:16 AM

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Adebola O. Asekun
You keep asking the same questions over and again even after you have had the benefit of a variety of well reasoned legal opinions in this forum. Instead of repeating the same issues, you will find that hiring a well recommended attorney may be the best course of action to take since you do not appear to know that decisions of a consular officer cannot be appealed.
Answered on Nov 12th, 2013 at 3:16 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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A 221(g) letter means you may submit more evidence to the consulate and be approved. I would suggest retaining an attorney and reviewing what you have submitted and then respond appropriately.
Answered on Nov 12th, 2013 at 3:13 AM

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