I've been refused... then now what!?

[SamAndJulie 0]

Last year I've applied for an Nonimmigrant Visa, but didn't grand it for some reason. Is it going to affect me getting my immigration visa? There is a question on DS-156 form, asking if I have ever been refused for a visa, should I put yes?

And also, below it on part 38...."Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student status or a public secondary school after November 30, 1996 without reimbursing the school?", if I put "yes" then I may be required to personally appear before a consular officer.

What should I do? Anyone has the same experience?

[bora bora 1]

Some people have been given a hard time by the consular because they do not include their fiance on the tourist/student visa when they apply. And then when they interview for the K1 visa it comes up.

It is important to always tell the truth.

[SamAndJulie 0]

Some people have been given a hard time by the consular because they do not include their fiance on the tourist/student visa when they apply. And then when they interview for the K1 visa it comes up.

It is important to always tell the truth.

Wow, so I should probably put yes... but then again it seems troublesome

[bora bora 1]

Oh well, I'm sure you're NOT willing to lie under oath.

[Caladan 19]

Don't lie. Lying very bad.

As to whether the previous denial will be a problem, that depends on the reason for the previous denial. The consular officer will ask you about it, so be prepared to answer some questions and answer them honestly.

It doesn't mean necessarily that your K-1 will be denied, or even affected. There's more than a few couples here who have had to check 'yes' to that question because they couldn't prove ties to their homeland when trying for a tourist visa, who had no problems when getting the K-1.

[featherB 1]

It's simple - if the answer to any of the questions is yes, you should put 'yes'. They're going to know about your visa refusal anyway, so lying to them would be a great way to be refused for this visa too.... definitely don't lie!

But question 38... why would you put 'yes' to that? Have you done any of those things? Which bit is it that you would be saying 'yes' to? None of the stuff in that question is the same as simply being refused a tourist visa - being refused entry to the US (at the POE) is different, as is seeking to obtain a visa by fraud or other illegal means...

[SamAndJulie 0]

Don't lie. Lying very bad.

As to whether the previous denial will be a problem, that depends on the reason for the previous denial. The consular officer will ask you about it, so be prepared to answer some questions and answer them honestly.

It doesn't mean necessarily that your K-1 will be denied, or even affected. There's more than a few couples here who have had to check 'yes' to that question because they couldn't prove ties to their homeland when trying for a tourist visa, who had no problems when getting the K-1.

Exactly!! That was my reason why I couldn't grand that tourist visa, thanksa buddy, now I feel better

[SamAndJulie 0]

It's simple - if the answer to any of the questions is yes, you should put 'yes'. They're going to know about your visa refusal anyway, so lying to them would be a great way to be refused for this visa too.... definitely don't lie!

But question 38... why would you put 'yes' to that? Have you done any of those things? Which bit is it that you would be saying 'yes' to? None of the stuff in that question is the same as simply being refused a tourist visa - being refused entry to the US (at the POE) is different, as is seeking to obtain a visa by fraud or other illegal means...

"Have you ever been refused admission to the U.S" <-------- doesn't it means that I have been refused to get into the usa?

[featherB 1]

It's simple - if the answer to any of the questions is yes, you should put 'yes'. They're going to know about your visa refusal anyway, so lying to them would be a great way to be refused for this visa too.... definitely don't lie!

But question 38... why would you put 'yes' to that? Have you done any of those things? Which bit is it that you would be saying 'yes' to? None of the stuff in that question is the same as simply being refused a tourist visa - being refused entry to the US (at the POE) is different, as is seeking to obtain a visa by fraud or other illegal means...

"Have you ever been refused admission to the U.S" <-------- doesn't it means that I have been refused to get into the usa?

Mmm... I think that would actually only be a 'yes' if you'd been turned away at the POE (as has happened to quite a few people here who haven't been able to demonstrate sufficient ties to home when trying to enter as a tourist), rather than being refused a visa. But I'll wait for someone who knows more than me to clarify that one for definite... I *think* merely being refused a visa (and so never actually trying to enter the US in the first place) would mean you can answer 'no' to that one.

Either way... simply being refused a nonimmigrant visa (was it a visitor visa you applied for?) need not necessarily cause a problem, depending on what the reason for refusal was, and assuming that you were totally honest with the consular officer at the time... do you know why your visa application was refused? Again, there's plenty of countries where it's almost impossible to obtain a tourist visa to the US, so anyone applying will almost certainly not get one - that doesn't mean they won't be able to get a K-1 though, but they will need to be prepared to answer questions about the previous application & refusal.

[SamAndJulie 0]

It's simple - if the answer to any of the questions is yes, you should put 'yes'. They're going to know about your visa refusal anyway, so lying to them would be a great way to be refused for this visa too.... definitely don't lie!

But question 38... why would you put 'yes' to that? Have you done any of those things? Which bit is it that you would be saying 'yes' to? None of the stuff in that question is the same as simply being refused a tourist visa - being refused entry to the US (at the POE) is different, as is seeking to obtain a visa by fraud or other illegal means...

"Have you ever been refused admission to the U.S" <-------- doesn't it means that I have been refused to get into the usa?

Mmm... I think that would actually only be a 'yes' if you'd been turned away at the POE (as has happened to quite a few people here who haven't been able to demonstrate sufficient ties to home when trying to enter as a tourist), rather than being refused a visa. But I'll wait for someone who knows more than me to clarify that one for definite... I *think* merely being refused a visa (and so never actually trying to enter the US in the first place) would mean you can answer 'no' to that one.

Either way... simply being refused a nonimmigrant visa (was it a visitor visa you applied for?) need not necessarily cause a problem, depending on what the reason for refusal was, and assuming that you were totally honest with the consular officer at the time... do you know why your visa application was refused? Again, there's plenty of countries where it's almost impossible to obtain a tourist visa to the US, so anyone applying will almost certainly not get one - that doesn't mean they won't be able to get a K-1 though, but they will need to be prepared to answer questions about the previous application & refusal.

I couldn't prove ties to my homeland when trying for a tourist visa.

[bostonparis 0]

Last year I've applied for an Nonimmigrant Visa, but didn't grand it for some reason. Is it going to affect me getting my immigration visa? There is a question on DS-156 form, asking if I have ever been refused for a visa, should I put yes?

And also, below it on part 38...."Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student status or a public secondary school after November 30, 1996 without reimbursing the school?", if I put "yes" then I may be required to personally appear before a consular officer.

What should I do? Anyone has the same experience?

You should put a yes on DS 156. However, please see above for part 38 - it's asking if you were refused admission because of fraud or willful misrepresentation. You were NOT refused because of that, were you?

[featherB 1]

I couldn't prove ties to my homeland when trying for a tourist visa.

That's not uncommon - as a reason for being refused a visa, and for being actually turned away at the POE itself (as others have said) - and doesn't in itself mean you have anything to worry about. Just answer 'yes' where the answer is yes (can someone clarify whether being refused a visa would be a 'yes' or a 'no' in that Q.38? I must admit I've never had to give that bit much thought just because I've been able to tick 'no' regardless!)... and be prepared to be asked about it at the interview.

Good luck... I got my Packet 3 yesterday too, by the way.

[Autumnchik 6]

My fiance was once denied entry to the U.S. The guard said that: 1. he couldn't prove ties to Canada and 2. since we were in the middle of the K-1 process, he could no longer visit me. (BTW, visiting depends on the particular guard and their point of view re: K-1).

Anyway, we put yes on the DS-156, it came up at the interview (was actually 1 of only 2 questions asked!!!) The consular officer said that it was good that we were honest.

We got the visa too!!! Don't worry, just be honest during this process.

[SamAndJulie 0]

My fiance was once denied entry to the U.S. The guard said that: 1. he couldn't prove ties to Canada and 2. since we were in the middle of the K-1 process, he could no longer visit me. (BTW, visiting depends on the particular guard and their point of view re: K-1).

Anyway, we put yes on the DS-156, it came up at the interview (was actually 1 of only 2 questions asked!!!) The consular officer said that it was good that we were honest.

We got the visa too!!! Don't worry, just be honest during this process.

My situation is just like yours! So did you put a yes on part 38?

[lostinblue 1,989]

In China it is so hard to get a vistor's visa for a single woman. Almost never happens. My Yan tried twice to get one in the past. She was denied one both times. So question ... have you ever been denied a visa..Yes... and explain about visitor's visa

Have you ever been denied entry.... NO as she never made it to a US point of entry. During interview I made sure she understood this if she was questioned about it.Have you ever been denied entry to US . I had her answer "I have never traveled outside of China" Question never came up during interview.