DS-156 form question # 31

[Milushka 22]

Hi all,

I was doing DS-156 form and question #31 "Whether you have been refused visa to US before?" got me confused, not sure what to put, maybe someone could help me, after some research still not clear on this.

The story is : I stayed in US on J1 visa before, than left to Canada to continue my studies. I have applied for B2 tourist visa in Quebec consulate, but was given 212g form stating they needed my transcripts, which I could get only after the semester obviously, so after 6 months. So basically CO told me once they have transcripts they would issue me visa. But I have left Canada, my fiance proposed me and we decided to pursue K 1 route. We thought it would take no more than 6 months, so I havent seen a reason to start school and than to abandon it half way through and move to USA. I flew to Russia not starting.

Does 212g counts as refusal, though its temporary refusal? I am ready to put whatever is right and dont want any sort of misrepresentation in the form.

Thank you,

Edited April 24, 2011 by Milushka

[Milushka 22]

I found the paper I was given at consulate in Quebec. It says "action has been temporarily suspended under section 221g. We will resume action on your application AFTER we receive the information requested below (meaning transcripts)".

So technically I never was refused visa, I just didnt take action to receive it later. Oh, thats confusing..

I wish I knew whats written in their system, if written at all )

Edited April 24, 2011 by Milushka

[Gary and Alla 3,694]

Hi all,

I was doing DS-156 form and question #31 "Whether you have been refused visa to US before?" got me confused, not sure what to put, maybe someone could help me, after some research still not clear on this.

The story is : I stayed in US on J1 visa before, than left to Canada to continue my studies. I have applied for B2 tourist visa in Quebec consulate, but was given 212g form stating they needed my transcripts, which I could get only after the semester obviously, so after 6 months. So basically CO told me once they have transcripts they would issue me visa. But I have left Canada, my fiance proposed me and we decided to pursue K 1 route. We thought it would take no more than 6 months, so I havent seen a reason to start school and than to abandon it half way through and move to USA. I flew to Russia not starting.

Does 212g counts as refusal, though its temporary refusal? I am ready to put whatever is right and dont want any sort of misrepresentation in the form.

Thank you,

Technically, NO, you were not refused, you simply did not complete the process of application.

If it helps you feel better, refusals for such visas have noi affect on the issuance of the K-1 visa. Lying about them CAN have an affect. Regardless of what you answer, you MAY be asked about it as they DO know about it. So be prepared to answer either way.

So, while it is technically correct to say "no", there is no particular downside to saying "yes" and explaining it at the interview. You may have to either way.

Edited April 24, 2011 by Gary and Alla

[Milushka 22]

Thank you Gary for your reply, I guess I will put "YES".

Another thing, I never mentioned my fiance for that DS-156. I have my two passports stamped with more than 15 visas to EU countries and US, and I thought i was smart enough not to mention my boyfriend (at that time we were not engaged yet) during interview. I said that my parents might come to US (they had valid B2 at tht time) and I wanted to meet them. Do you think they have "purpose info" there too? it was a semi truth cause i wanted to see my parents but also being able to travel to see my fiance... screwed...

[Brad and Vika 129]

Milushka - you may want to include an explanation (on a separate sheet) if you answer yes to having been refused a visa. It may help speed things along. In the situation you described, I am not sure the clerk reviewing your application will be able to find the incomplete one you cite. Any confusion may cause a delay.

[Gary and Alla 3,694]

Milushka - you may want to include an explanation (on a separate sheet) if you answer yes to having been refused a visa. It may help speed things along. In the situation you described, I am not sure the clerk reviewing your application will be able to find the incomplete one you cite. Any confusion may cause a delay.

True. Be prepared to explain either way. Personally I would answer "no" (as it is the correct answer) and then be prepared to answewr if they ask. I doubt they would consider it any form of "material misrepresentation" because it is not. I can tell you that for Alla, I answered "yes" because she HAD been denied a visitor visa. They never even asked us about it (or anything else for that matter)

As far as boyfriends, etc., boyfriends do not count. They are officially non-existant as an entity. You had a friend in the US. So what?

[Milushka 22]

Thank you Brad and Gary, I found this also, quite interesting that people get denied POE if they do not disclose 221(g) for travelling on VWP too.

"Section 221(g) Impact on Future Applications

Since Section 221(g) is technically a refusal, our office often is asked whether a 221(g) should be disclosed on future visa applications, or, in the case of Visa Waiver Program travelers, on their electronic registration forms.

The answer is that 221(g) is a refusal and the applicant, in a subsequent visa application, must answer “YES” to the question “Have you ever been refused a U.S. visa?” on Form DS-156 or DS-160. This applies even if the 221(g) refusal is based on something as innocent as lack of information in the PIMS database. Of course, after disclosing YES, on this question in a subsequent visa application, the applicant should be prepared to explain the circumstances of the 221(g) refusal.

Similarly, Visa Waiver Program travelers, must disclose any 221(g) refusals in their ESTA forms."

This is not a government statement but I found similiar replies from different law firms. This is frustrating because I would never think I could be "technically" refused visa with my travel history and in fact I wasn't. But sinse a letter of law requires to do so, I ve no choice. Got my explanation letter/speach ready

[Gary and Alla 3,694]

Thank you Brad and Gary, I found this also, quite interesting that people get denied POE if they do not disclose 221(g) for travelling on VWP too.

"Section 221(g) Impact on Future Applications

Since Section 221(g) is technically a refusal, our office often is asked whether a 221(g) should be disclosed on future visa applications, or, in the case of Visa Waiver Program travelers, on their electronic registration forms.

The answer is that 221(g) is a refusal and the applicant, in a subsequent visa application, must answer “YES” to the question “Have you ever been refused a U.S. visa?” on Form DS-156 or DS-160. This applies even if the 221(g) refusal is based on something as innocent as lack of information in the PIMS database. Of course, after disclosing YES, on this question in a subsequent visa application, the applicant should be prepared to explain the circumstances of the 221(g) refusal.

Similarly, Visa Waiver Program travelers, must disclose any 221(g) refusals in their ESTA forms."

This is not a government statement but I found similiar replies from different law firms. This is frustrating because I would never think I could be "technically" refused visa with my travel history and in fact I wasn't. But sinse a letter of law requires to do so, I ve no choice. Got my explanation letter/speach ready

It may also be a law office taking the conservative approach. Nothing wrong with that. Again a refusal for the reasons you mentioned will not affect the K-1 in any case.

[Milushka 22]

Ok, so I have decided not to take a chance with this doubt, and emailed consulate asking what should I do.

Here is the answer:

"Put as refusal, and on interview explain further that it was just a formal refusal because of insufficient documents"

Not too great, but I ll have to do ths way, getting my explanation ready along.

Thanks all !