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robertino

is petition denial by uscis mean a visa refusal (merged)

By robertino in Diversity Lottery Visas

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted

Oh, I see this all already got extensively dealt with on another thread >.<

 

OP, you may not be aware, but it's general forum etiquette to choose one thread to post in rather than duplicate questions and waste people's time on multiple threads.

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geowrian
geowrian

Was a visa application ever filed? I think only a petition was filed.

Alysia&Luis
Alysia&Luis

Since the case never went to NVC and you never filled out the DS160, it never made it to the visa stage.  As stated above, your petition was abandoned, visa was not denied. 

geowrian
geowrian

No, a petition being denied is not a visa refusal. The petition is owned by the petitioner.

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, SusieQQQ said:

So at what point does it count as a denial of a K1 visa? Only at interview?

 

Are you saying the correct response is no denial? And that this would not be challenged at the next interview?

In order to have a visa refused, you must submit a visa application (i.e. DS-160 or DS-260). :P To be a little more specific, it would be refused at or after the interview.

 

Correct - there's been no visa refusal. The response on the DS-260 wouldn't be an issue. For a DV I don't think the prior I-129F petition's circumstances/relationship would be relevant to the CO (unless maybe if they had a new spouse trying to obtain a derivative visa so soon after a fiance) , but obviously if asked then it should be disclosed completely and truthfully.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted
43 minutes ago, geowrian said:

In order to have a visa refused, you must submit a visa application (i.e. DS-160 or DS-260). :P To be a little more specific, it would be refused at or after the interview.

 

Correct - there's been no visa refusal. The response on the DS-260 wouldn't be an issue. For a DV I don't think the prior I-129F petition's circumstances/relationship would be relevant to the CO (unless maybe if they had a new spouse trying to obtain a derivative visa so soon after a fiance) , but obviously if asked then it should be disclosed completely and truthfully.

I could see a situation where the abandonment might be considered suspicious- of course have no idea of the particulars of this case or indeed of how much just "suspicion" could even affect a new petition that is perfectly valid in and of itself. 

 

Thanks for the clarification. (Of course, unless it's changed since I last got one, the B1/B2 visa application form does ask if a petition has ever been filed on one's behalf - but then NIV has a different burden of proof.)

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Boiler Grand Master

Boiler   45,545

Posted
Filed: K-1 Visa Country: Wales
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Posted

Not me.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Me neither

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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robertino Apprentice

robertino   0

Posted
Filed: Other Country: Argentina
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Posted

how i will answer this question have you been visa reused when i have a petition denial by uscis and never get the chance to filed an applications or get an interview

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Dutchster Proficient

Dutchster   1,107

Posted
Filed: Citizen (apr) Country: Netherlands
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Posted

Who?

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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Dutchster Proficient

Dutchster   1,107

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

Petition denial is during the USCIS stage (for example; I-129F or I-130, or I-485)
Visa denial is where your visa is denied at the embassy after your interview.

What/Who are you petitioning?

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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robertino Apprentice

robertino   0

Posted
Filed: Other Country: Argentina
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Posted
4 hours ago, Dutchster said:

Petition denial is during the USCIS stage (for example; I-129F or I-130, or I-485)
Visa denial is where your visa is denied at the embassy after your interview.

What/Who are you petitioning?

my fiance she send the petition i 129 and is denied by uscis

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SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
1 hour ago, EmilyW said:

BritSimon is a Diversity Lottery genius.  No-one knows more about the process than him.  He's also a super nice man.

 

www.britsimonsays.com

 

Agreed on above, but the OP's original question is not DV specific and has been more than adequately answered by other members here in at least 2 threads.  Still OP has asked britsimon the same question on his site and is now trying to double check who to trust. 

Edited by SusieQQQ
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robertino Apprentice

robertino   0

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Filed: Other Country: Argentina
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Posted

in 2016 my fiance she sent a petition for alien fiance(the alien fiance is me) iand the petition was denied because she did not answer the request of evidence seny by uscis what make the petition dneied now i am applying for diversity visa and in the application ds 260 there is a question :Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? my question is is the petition denial mean a visa refusal for me or how should i answer this question yes or no if it is yes i need explantation pelase

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