Divorce decree not accepted Visa Refused

[erikarandy 12]

After 2 years, we finally had our interview, but it wasn't what was expected. We worked hard and had everything together, we thought. But the consulate officer said the divorce decree wasn't the original. I was with my fiance, but wasn't able to say anything.The issue is that the divorce decree document was the one sent to me as a certified copy. Nothing else was available from the court, as the divorce was over 45 years ago and the originals had been destroyed and everything was digital. It had the certification stamp on the back and it was signed. It is a legal document. Nothing else is available. As a side note, my fiance and I have a large age gap, but we have been together for over 4 years and have plenty of proof of the relationship. She told me the officer asked what her mother thought about our relationship, which seemed rude. I'm going to get another document and send it to the CEAC. Does anyone have any suggestions? Other than that, I think we are good. I'm also talking to a case worker for my state representative, and she's going to try to find out what we can do. It really irks me that these people can mess with honest peoples lives, when every day their letting 100s if not 1000s of illegals in and being a lot less scrutinizing. 

[Boiler 43,433]

Which Consulate?

[MJ&YY 124]

A certified copy is still an "original" document.  Did you bring the version with the court's clerks inked stamp, or did you photocopy/scan that and provide the photocopy to the consulate?  If photocopy, then it's not an original.  If they ask for the original, they mean the actual paper that was provided to you by the court.

[Karabast39 11]

It sounds like you have provided all that is required, and all that is possibly available.  Keep in mind the consular officer is usually not a lawyer, likely in their first or second tour overseas, and has likely never had to request a "certified true copy" of a document before or know what that or an apostille or anything else of the sort is.  They are under time crunch pressures to make a decision quickly while also looking for fraud. He/she may simply have been trying to find anything to delay the case.  Once you got the 221(g) you should have immediately contacted a congressional representative with the details.  A congressional email will get the file back on the refusing consul's desk for review faster than anything else.  They can then check with someone more knowledgeable about documents and legal procedure.  

[Redro 4,599]

 

On 11/23/2021 at 10:42 AM, erikarandy said:

After 2 years, we finally had our interview, but it wasn't what was expected. We worked hard and had everything together, we thought. But the consulate officer said the divorce decree wasn't the original. I was with my fiance, but wasn't able to say anything.The issue is that the divorce decree document was the one sent to me as a certified copy. Nothing else was available from the court, as the divorce was over 45 years ago and the originals had been destroyed and everything was digital. It had the certification stamp on the back and it was signed. It is a legal document. Nothing else is available. As a side note, my fiance and I have a large age gap, but we have been together for over 4 years and have plenty of proof of the relationship. She told me the officer asked what her mother thought about our relationship, which seemed rude. I'm going to get another document and send it to the CEAC. Does anyone have any suggestions? Other than that, I think we are good. I'm also talking to a case worker for my state representative, and she's going to try to find out what we can do. It really irks me that these people can mess with honest peoples lives, when every day their letting 100s if not 1000s of illegals in and being a lot less scrutinizing. 

Where is the divorce decree from? 

Maybe members from the state/country you're from can help you locate the correct document. 

[erikarandy 12]

On 11/22/2021 at 8:47 PM, Boiler said:

Which Consulate?

Bogota Colombia

On 11/22/2021 at 8:47 PM, Boiler said:

Which Consulate?

Bogota, Colombia

[erikarandy 12]

On 11/23/2021 at 11:01 AM, MJ&YY said:

A certified copy is still an "original" document.  Did you bring the version with the court's clerks inked stamp, or did you photocopy/scan that and provide the photocopy to the consulate?  If photocopy, then it's not an original.  If they ask for the original, they mean the actual paper that was provided to you by the court.

I brought the one from the Superior Court with the stamp and signature. As a side note, I also had a copy that was for my own records that I accidently gave to the officer, also. But, I was never allowed to talk to him, even though I was standing their with my fiance'

[erikarandy 12]

23 hours ago, Karabast39 said:

It sounds like you have provided all that is required, and all that is possibly available.  Keep in mind the consular officer is usually not a lawyer, likely in their first or second tour overseas, and has likely never had to request a "certified true copy" of a document before or know what that or an apostille or anything else of the sort is.  They are under time crunch pressures to make a decision quickly while also looking for fraud. He/she may simply have been trying to find anything to delay the case.  Once you got the 221(g) you should have immediately contacted a congressional representative with the details.  A congressional email will get the file back on the refusing consul's desk for review faster than anything else.  They can then check with someone more knowledgeable about documents and legal procedure.  

Yes, I have a representative that is helping me. The funny thing is that my fiance said the officer was definately  a Colombian and not an American, because she could tell by his dialect. He did not seem to be very experienced to me, either. My fiance' and I have been together for over 4 years and we love each other very much. But, we do, have a large age gap that I knew would raise a flag. But, we have an immense amount of proof of our relationship, of photos and plane tickets, etc. She told me the officer asked her how her mother felt about her marrying an old man. She told him her mother loves me and that she was also there if he wanted to talk to her. He kept giving me dirty looks and he seemed very unprofessional. He never, asked to speak to me, either, but I guess that'snormal.

[erikarandy 12]

7 hours ago, Kor2USA said:

 

Where is the divorce decree from? 

Maybe members from the state/country you're from can help you locate the correct document. 

Los Angeles (California) Superior Court

[erikarandy 12]

I am going to get another copy from the Superior Court and, also, contact an attorney. We filed filed the petition, just before the COVID shut downs and had waited almost two years. It was very devistating when we thought we had everything covered. 

[Redro 4,599]

7 hours ago, erikarandy said:

I brought the one from the Superior Court with the stamp and signature. As a side note, I also had a copy that was for my own records that I accidently gave to the officer, also. But, I was never allowed to talk to him, even though I was standing their with my fiance'

Did you only give the photocopy or did you give both the photocopy and the original? 

[SalishSea 16,770]

7 hours ago, erikarandy said:

The funny thing is that my fiance said the officer was definately  a Colombian and not an American, because she could tell by his dialect.

All visa applications are adjudicated by American citizens.  The person you dealt with may have been a local worker, but the final decision would have been made by a US citizen.

 

An attorney will not be able to do anything in this situation.

[erikarandy 12]

On 11/24/2021 at 6:11 PM, Kor2USA said:

Did you only give the photocopy or did you give both the photocopy and the original? 

No, I gave him, both, the certified copy from the Superior Court as well, accidentally gave the copy that was for my records. I also, gave him the receipt from the Superior Court showing that it was an original.

[erikarandy 12]

On 11/24/2021 at 6:24 PM, Jorgedig said:

All visa applications are adjudicated by American citizens.  The person you dealt with may have been a local worker, but the final decision would have been made by a US citizen.

 

An attorney will not be able to do anything in this situation.

That's not true. We only dealt with this one person. They are very short staffed in Bogota. There was no one else with him, and he was the one to decide that the document wasn't original, when in fact it was. Government entities (in the US), don't store paper documents from 45 years ago. It can only be printed from the digital original and stamped and certified.

[SalishSea 16,770]

47 minutes ago, erikarandy said:

That's not true. We only dealt with this one person. They are very short staffed in Bogota. There was no one else with him, and he was the one to decide that the document wasn't original, when in fact it was. Government entities (in the US), don't store paper documents from 45 years ago. It can only be printed from the digital original and stamped and certified.

You may well have dealt with that particular person, but I am here to tell you that the consular officers who work for the department of state in overseas US consulates are US citizens.