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Family Visa Denials; K-1,K-3,CR-1, IR-1

Refusals of Family Based visas causes undue suffering and pain. Visa refusals can take months or years to overcome. The time of separation is agonizing for the family, and the stress of visa refusals can tear families apart.

 

Consular officers often deny family based visas for the reason of "lack of a bonifide relationship." The consular officers make these refusals without a factual basis. Instead they base their reasons on a set of "red flags" which can include a significant age difference between the parties, a short courtship, or limited communication abilities. Consular Officers are required by law and regulation to make decisions that are factually based, and not speculative. Per Department of State directives they are not to determine the quality of a relationship. They are required to determine if the relationship meets the legal requirements as defined in the INA, and the FAM.

 

The cause of visa refusals due to "lack of Bonifide Relationship" is due to poor training on the part of the consular officers and their supervisors. If adequate training was given, then the laws and regulations would be properly applied. Families would be reunited, thereby validating the reason for Family Based Visas.

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Idea No. 31