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Caribbean Lady

Form 156, Question #31

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Hello:

We're completing the forms for the interview and would like to know if I should answer Yes for question # 31: Have you ever been refused a US visa? Yes or No?

Thanks for your help.

December '09 - Met via Facebook

~ Fell in love just a few months thereafter

7/18/2010 - I flew to Trinidad and met for the first time

~ Spent two weeks, one of which was in Tobago

9/9/2010 - Mailed I-129F to Texas via Express mail

9/15/2010 - NOA1 Date

4/4/2011 - NOA2 Date

4/12/2011 - NVC received

4/25/2011 - NVC sent via DHL to consulate

5/2/2011 - Packet mailed

7/25/2011 - Visa approved

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Filed: K-1 Visa Country: Germany
Timeline

That would entirely depend on whether or not you HAVE every been denied a visa - did you apply for a visa and they said no? In that case the answer is Yes. If you have only traveled under the Visa Waiver Program or have been successful in every visa application to the US you have undertaken in the past then the answer would be No.

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i found other posts so I believe I have to check Yes...If anyone has other opinions, please post.

December '09 - Met via Facebook

~ Fell in love just a few months thereafter

7/18/2010 - I flew to Trinidad and met for the first time

~ Spent two weeks, one of which was in Tobago

9/9/2010 - Mailed I-129F to Texas via Express mail

9/15/2010 - NOA1 Date

4/4/2011 - NOA2 Date

4/12/2011 - NVC received

4/25/2011 - NVC sent via DHL to consulate

5/2/2011 - Packet mailed

7/25/2011 - Visa approved

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He's applied for a visitor's visa in the past and have been denied as "not enough ties". So the answer to that question would be "NO"? Right?

December '09 - Met via Facebook

~ Fell in love just a few months thereafter

7/18/2010 - I flew to Trinidad and met for the first time

~ Spent two weeks, one of which was in Tobago

9/9/2010 - Mailed I-129F to Texas via Express mail

9/15/2010 - NOA1 Date

4/4/2011 - NOA2 Date

4/12/2011 - NVC received

4/25/2011 - NVC sent via DHL to consulate

5/2/2011 - Packet mailed

7/25/2011 - Visa approved

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Filed: K-1 Visa Country: Germany
Timeline

He's applied for a visitor's visa in the past and have been denied as "not enough ties". So the answer to that question would be "NO"? Right?

Incorrect - refused means the same as denied so if he has been denied for a US visa in the past the answer to "Have you ever been refused a US visa?" must be yes.

The above I'm sure about, with the following I'm going out on a limb a bit: I personally would make a note on the form saying to see attached sheet and explain why the visa was denied to make it clear it wasn't for an ineligibility like illness or conviction for a crime but "merely" for not being able to show enough ties. Maybe someone else could comment on that point if it does make sense and how to best explain.

Edited by N&S
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Filed: Timeline

I don't understand - in one post you assume you'll have to answer yes, the other, no... what are your assumptions based on?

Was he denied entry on a VWP - the 90 day visa-free travel program? If he was denied entry at the US border for not having enough ties to his homecountry, that sounds a lot like a denied visa waiver!

Or did he actually go through the process of applying for a visitor visa, like a B-1 or B-2 visa? This information is critical for this answer.

ég eri ekki lengur kalt, hef aftur líf. lifnar mín sál, heiminn mála.

bless bless Þýskalandi! ég elsker þig!

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Filed: Citizen (apr) Country: Russia
Timeline

In this case you have to answer Yes. Absolutely. My wife was denied visa exactly with the same "not enough ties" and we answered yes. Never came up during the interview. If you check "no" this would be misrepresentation.

I don't understand - in one post you assume you'll have to answer yes, the other, no... what are your assumptions based on?

Was he denied entry on a VWP - the 90 day visa-free travel program? If he was denied entry at the US border for not having enough ties to his homecountry, that sounds a lot like a denied visa waiver!

Or did he actually go through the process of applying for a visitor visa, like a B-1 or B-2 visa? This information is critical for this answer.

Trinidad and Tob. does not have visa waiver.

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Filed: Citizen (apr) Country: Russia
Timeline

I had the same situation. I would mark "yes" and not explain. In the embassy they will know and they will check why. There is no point in additional explanation except drawing unnecessary attention. Just be prepared for a question if your fiance had immigration intentions. In our case not a single question about it.

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Thanks for the clarification:

Krautaus,

He actually went through the process of applying for a visitor visa, like a B-1 or B-2 visa and was denied.

I'm checking off the yes box.

Thanks all.....appreciate your input.

December '09 - Met via Facebook

~ Fell in love just a few months thereafter

7/18/2010 - I flew to Trinidad and met for the first time

~ Spent two weeks, one of which was in Tobago

9/9/2010 - Mailed I-129F to Texas via Express mail

9/15/2010 - NOA1 Date

4/4/2011 - NOA2 Date

4/12/2011 - NVC received

4/25/2011 - NVC sent via DHL to consulate

5/2/2011 - Packet mailed

7/25/2011 - Visa approved

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