Fiancée Visitor Visa Previously Denied?

[y2catalyst 3]

I will try to keep this short. My fiancée brought to my attention she had previous tried to get a visitor visa to USA and was denied because she did not meet the qualifications.

My question is, did she really get formally denied a visa. She managed to get an appointment with the US Embassy in China submitting a letter explaining circumstanced of an ailing family member in USA. The US Embassy in China scheduled an appointment for her where her index finger was scanned when she arrived. She presented what she assumed were correct supporting documents and was asked who was sponsoring her in USA since there were no existing petitions on file for her such as a 129f. The only documents she had was a letter from hospital explaining ailing family member’s circumstances in USA and her 156k form which were briefly glanced over. The process took 2 minutes and she was turned away because she did not meet the qualifications.

I am only asking this question when I comes time to Complete the 156 form for our 129f petition. Since no other sponsoring petitions were filed for her before her appointment should I still indicate she had previously been denied a visitor visa?

Thank you,

Rob

[rsn 135]

I will try to keep this short. My fiancée brought to my attention she had previous tried to get a visitor visa to USA and was denied because she did not meet the qualifications.

My question is, did she really get formally denied a visa. She managed to get an appointment with the US Embassy in China submitting a letter explaining circumstanced of an ailing family member in USA. The US Embassy in China scheduled an appointment for her where her index finger was scanned when she arrived. She presented what she assumed were correct supporting documents and was asked who was sponsoring her in USA since there were no existing petitions on file for her such as a 129f. The only documents she had was a letter from hospital explaining ailing family member's circumstances in USA and her 156k form which were briefly glanced over. The process took 2 minutes and she was turned away because she did not meet the qualifications.

I am only asking this question when I comes time to Complete the 156 form for our 129f petition. Since no other sponsoring petitions were filed for her before her appointment should I still indicate she had previously been denied a visitor visa?

Thank you,

Rob

If she was previously refused a U.S. visa, then you must note this on the DS-156.

[payxibka 10,047]

I will try to keep this short. My fiancée brought to my attention she had previous tried to get a visitor visa to USA and was denied because she did not meet the qualifications.

My question is, did she really get formally denied a visa. She managed to get an appointment with the US Embassy in China submitting a letter explaining circumstanced of an ailing family member in USA. The US Embassy in China scheduled an appointment for her where her index finger was scanned when she arrived. She presented what she assumed were correct supporting documents and was asked who was sponsoring her in USA since there were no existing petitions on file for her such as a 129f. The only documents she had was a letter from hospital explaining ailing family member’s circumstances in USA and her 156k form which were briefly glanced over. The process took 2 minutes and she was turned away because she did not meet the qualifications.

I am only asking this question when I comes time to Complete the 156 form for our 129f petition. Since no other sponsoring petitions were filed for her before her appointment should I still indicate she had previously been denied a visitor visa?

Thank you,

Rob

She applied for a visa (via DS-156). Her visa application was denied. No underlying petition is required for a tourist visa application so that fact is moot.

Edited December 29, 2009 by payxibka

[VanessaTony 3,567]

I will try to keep this short. My fiancée brought to my attention she had previous tried to get a visitor visa to USA and was denied because she did not meet the qualifications.

My question is, did she really get formally denied a visa. She managed to get an appointment with the US Embassy in China submitting a letter explaining circumstanced of an ailing family member in USA. The US Embassy in China scheduled an appointment for her where her index finger was scanned when she arrived. She presented what she assumed were correct supporting documents and was asked who was sponsoring her in USA since there were no existing petitions on file for her such as a 129f. The only documents she had was a letter from hospital explaining ailing family member’s circumstances in USA and her 156k form which were briefly glanced over. The process took 2 minutes and she was turned away because she did not meet the qualifications.

I am only asking this question when I comes time to Complete the 156 form for our 129f petition. Since no other sponsoring petitions were filed for her before her appointment should I still indicate she had previously been denied a visitor visa?

Thank you,

Rob

Well, I don't really agree with all these answers, I think we need more info.

For instance. I applied for a visitors visa before my K1, and I wasn't approved, but I wasn't denied. I got a call asking for more info and I told her that I didn't think I could get that together so she gave me the option of withdrawing my application, which I did. So a denial is not on my record. To confirm this I emailed the consulate who told me to ask the US consulate, who told me to ask the Aussie one... eventually I called someone somewhere who told me "apply for the VWP and if you get denied, it means you have a denial on record". My husband (then fiance) and i didn't want to risk that VWP denial (if it happened) going against us so we marked no on the form and were going to deal with it if we had to. I kept the emails to the consulate as proof of chasing it. I never got a denial letter (from the tourist visa), I was simply mailed my passport back and nothing else. I was approved for the K1 and here I sit.

Did she ACTUALLY apply, or did she go to that interview to apply and had previously submitted no paperwork? OR Had she already submitted paperwork and this was the interview that SHE was invited to? This matters. Basically, if she applied to speak to them (which I've never seen honestly) and took the paperwork there to apply in person then I don't think she's been denied no. She simply went and was told "thats' not enough". It depends if the paperwork was started because if it was, then yes she's denied. If they never processed anything except her standing at that window, showing her paperwork and being told it's not enough, I don't think she was... easiest way to find out is like I was told (VWP) if her country is allowed though (I don't know) and if you don't wanna try that, best to err on the side of caution and mark "yes denied tourist visa"... or try calling the US embassy and trying to find out if she was...

Ugh tough. You need to know more. Usually when you're denied you get something in the mail or in person telling you why you're denied... so I'm told.

Edited December 30, 2009 by Vanessa&Tony

[rsn 135]

I see no indication that the OPs situation is anything like yours. It seems pretty clear that the result of the tourist visa interview was a denial. Furthermore, if there was a denial, what's the big deal? Tourist visa denials are common and a denial will not negatively impact any K1 visa applications as long as there was no fraud involved.

Edited December 30, 2009 by rsn

[Gary and Alla 3,694]

I will try to keep this short. My fiancée brought to my attention she had previous tried to get a visitor visa to USA and was denied because she did not meet the qualifications.

My question is, did she really get formally denied a visa. She managed to get an appointment with the US Embassy in China submitting a letter explaining circumstanced of an ailing family member in USA. The US Embassy in China scheduled an appointment for her where her index finger was scanned when she arrived. She presented what she assumed were correct supporting documents and was asked who was sponsoring her in USA since there were no existing petitions on file for her such as a 129f. The only documents she had was a letter from hospital explaining ailing family member’s circumstances in USA and her 156k form which were briefly glanced over. The process took 2 minutes and she was turned away because she did not meet the qualifications.

I am only asking this question when I comes time to Complete the 156 form for our 129f petition. Since no other sponsoring petitions were filed for her before her appointment should I still indicate she had previously been denied a visitor visa?

Thank you,

Rob

Yes, you need to state if she was previously denied. It should make no difference.

[y2catalyst 3]

Thank you all for your replies.

For purpose of not falsifying any data I can simply put she was denied visitor visa however I want to respond to the following.

Did she ACTUALLY apply, or did she go to that interview to apply and had previously submitted no paperwork? She never applied prior to interview, she went to interview to present her circumstances and her 156 application which were glance over and handed back to her refusing visa.

OR Had she already submitted paperwork and this was the interview that SHE was invited to? NO

I can take the advice and call US Embassy where she had her appointment to determine if there is any record of her denial. Either way, if I mark yes on her 156 and there is no record that she was denied then can I assume this will not present a problem.

Thank you,

Rob

[Ladylethal 12]

Yes, she was denied a visitor's visa, you should put that on the form and it should be no problem at all. At least in Brasil visitor visa interviews are just like that, you take papers in, they look at it, ask some question and give papers and passport back if they're denying the visa. A visitor visa denial is no big deal.

[leith@Ievgeniia 8]

i just looked at the ds-156 online form and they list a b2 visa. so your like me we have to list the 2 times we aplyed for b2.

great luck

[VanessaTony 3,567]

Thank you all for your replies.

For purpose of not falsifying any data I can simply put she was denied visitor visa however I want to respond to the following.

Did she ACTUALLY apply, or did she go to that interview to apply and had previously submitted no paperwork? She never applied prior to interview, she went to interview to present her circumstances and her 156 application which were glance over and handed back to her refusing visa.

OR Had she already submitted paperwork and this was the interview that SHE was invited to? NO

I can take the advice and call US Embassy where she had her appointment to determine if there is any record of her denial. Either way, if I mark yes on her 156 and there is no record that she was denied then can I assume this will not present a problem.

Thank you,

Rob

Best to err on the side of caution like you have as people have said the denial shouldn't be an issue.

Based on what you wrote though I don't think she's been denied because she never actually applied.. she never got the chance, she basically just went to an info desk and said "is this okay?" and they said no. Had they said "sure we'll try" and taken your info then yeah she has been. I wouldn't worry about it though and just mark yes, like you said, just to be safe.

Good luck with it all

Edited December 31, 2009 by Vanessa&Tony