Any attorney would tell you not to file a suit against a city or county in your county courthouse, because it wouldn't be entertained there. So, file in federal court. But what happens if the suit is against the federal government. Save your $250 (filing fee). A suit against the federal government wouldn't be entertained in a federal court.
Sergey was your fiancee told different reasons for visa denial verbally (see my SCAMS BY COUNTRY - USA)? Many times, consulate will write legal reasons on paper, even though they may have already been met, such as proof of relationship, and tell the fiancee different reasons, not necessarily their true personal motives, for visa denial?
Did you know that the US consuls don't even have a bachelor's degree, unless they serve as deputy consul general or consul general. Still, consul vanity and whims may be justified. Look at it this way, you can have much higher positions in Agriculture department, for example, but remain invisible. Embassies are very small communities, with each ambassador having a direct line to the president. So, if American consul are out of control, they may have a reason to be so.
It seems we lost Sergey, hopefully only on fiance.com.
AJ, I may have set a legal precedent that may screw the American visa denial litigants forever. US attorney in my case contended that "doctrine of consular nonreviewability is essentially without exception." As I researched the cases she cited, and viewed the court rulings, I learnt that the doctrine applied only to aliens in non-petitioned, non-immigrant cases. Judge, however, slapped me with dismissal, ruling that US federal courts have long held that consular visa decisions as to IMMIGRANT visa cases are not subject to judicial review. I looked hard in his ruling for corroborating cases, but all of the cases he cited were the same as the US attorney cited. Now, forever, US courts will cite this ruling, which, if anything, is based on evidence to 180 degrees to contrary, and will base their decisions on this ruling.
I think, judge just wanted to help the government close a loop hole of justice to the American public. Now, tell me, if the entire federal system isn't corrupt?
AJ: She wasn't told anything, but I paid an attorney to get my file, main of which was the petition revocation memorandum (I'll call it memo so I don't have to write it in full every time), and it stated that her interview failed to substantiate the claimed relationship because she didn't know a thing about me, and that I wasn't smiling in my photo, "nor did I appear comfortable."