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DS-260 Questions

By zakbag in Direct Consular Filing (DCF) General Discussion

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zakbag Newbie

zakbag   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: China
 Timeline
Posted

So, I am sponsoring my wife, and we are using the direct consular filing option because we both live in China for now.  We had the I-130 approved the other day, and we are going through the DS-260 right now.  I have a few questions regarding the questions on it, if anyone can give me some advice on this it would be most appreciated.

 

It asks "Is your spouse immigrating with you?"  -- Does this apply to me, the US citizen spouse?  Is it asking if we are going to travel together when she enters the country, or is it a question aimed for people immigrating with an immigrant husband?

 

Next question.  IT asks "Have you (the immigrating spouse) ever been refused a US visa, been refused admission to the United states...."   My wife applied for a tourist visa in 2015, but was denied because there was insufficient evidence she would leave the country.  Denial code was 214B.  Do we need to mention this?   And does anyone think there might be some adverse effect from this previous denial?

 

Many thanks for anybody's advice.

 

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

For the question about the spouse immigrating with the applicant, the answer is no. The question is not asking whether you are sitting together on a plane. You are a USC so you will be traveling to the US but not immigrating. The DS-260 is a multi-purpose form and is used by all immigrant categories so some questions do not apply. 

 

Yes, your wife needs to declare her previous tourist visa denial. Such denials are very common for spouses of USCs (or even boyfriends/girlfriends of USCs). A denial based on lack of strong ties to her homeland will not affect the outcome of her spousal visa. A denial due to inadmisdability (criminal record, ban due to overstay, etc) is another matter. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

zakbag Newbie

zakbag   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: China
 Timeline
  • Author
Posted

Great!  That's what I thought, but I just wasn't sure.  Figured I'd ask, just to be on the safe side.  I'd hate to have some complication based on something that can be resolved with a quick question.

 

Many thanks on the quick reply! 

_zak

Jhonny Proficient

Jhonny   472

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted
1 hour ago, zakbag said:

So, I am sponsoring my wife, and we are using the direct consular filing option because we both live in China for now.  We had the I-130 approved the other day, and we are going through the DS-260 right now.  I have a few questions regarding the questions on it, if anyone can give me some advice on this it would be most appreciated.

 

It asks "Is your spouse immigrating with you?"  -- Does this apply to me, the US citizen spouse?  Is it asking if we are going to travel together when she enters the country, or is it a question aimed for people immigrating with an immigrant husband?

 

Next question.  IT asks "Have you (the immigrating spouse) ever been refused a US visa, been refused admission to the United states...."   My wife applied for a tourist visa in 2015, but was denied because there was insufficient evidence she would leave the country.  Denial code was 214B.  Do we need to mention this?   And does anyone think there might be some adverse effect from this previous denial?

 

Many thanks for anybody's advice.

 

Follow the advise gived to you by @JFH , is like that, she is not immigrating with you because she already immigrate to US, the only thing is that she is not living there!

Anout declaring the denial tourist visa, tell always the truth and don´t hide anything, even if you think that is a little thing, tell them, this is a very delicate process and even one insignificant thing can be important!

Have a great NVC stage and a quick interview!

February 2016: We met in our jobs.

May 31 2016: We became a couple. :dancing:

August 16 2016: Engaged.

October 20 2016: ¡OUR WEDDING! Wooohooooo !!!!:dancing::dancing::dancing::wub:  :wub: :wub: 

CR-1 Visa Journey ... Service Center: Nebraska. Embassy: Bogotá , Colombia.

(I - 130 USCIS stage) :

Monday, August 21 2017 (Day 1) :  I - 130 sent. 

Monday, August 28 2017 (Day 7) : NOA 1  (Received via e-mail and SMS).  :dance:

Tuesday, September 05 2017 (Day 15) :  NOA 1  (hard copy I-797 received thru post mail) (PD Aug 24 2017).

Tuesday, March 13 2018 (Day 201) : USCIS issues RFE to our case . (Case opended at least) .:dance: 

Saturday, March 17 2018 (Day 205) : USCIS RFE  arrived via post mail.

Monday, March 19 2018 (Day 207) : USCIS RFE ´s answer was sent via post mail to NSC .

Thursday, March 22 2018 (Day 210) : Online Case Status changed to RFE´s answer was received .

Monday, April 2 2018 (Day 221) : ¡Approved! Online Case Status now shows Case was sent to Department of State.:dance::dancing:

 

(NVC Stage) :

Wednesday, April 4 2018 (Day 223) : Case Received.

Tuesday, June 5 2018 (Day 285): Case Number assigned, welcome letter received,invoice number received, DS261 filed.

Thursday, June 7 2018 (Day 287): AOS fee paid, waiting IV package fee to be unlocked to pay it.   

Thursday, June 14 2018 (Day 294): DS-261 checked and received letter, IV package fee now unlocked. 

Friday, June 15 2018 (Day 295) : IV fee paid, waiting DS-260 to be unlocked to fill it online. 

Monday, June 18 2018 (Day 298) : Full Package sent to NVC via post mail. 

Tuesday, June 19 2018 (Day 299): DS-260 unlocked to fill it online.

Wednesday, June 20 2018 (Day 300): DS-260 filled online.

Thursday, June 21 2018 (Day 301): Scan Date.

Monday, July 2 2018 (Day 312):  Case Completed and ready for an Interview.

Friday, July 13 2018 (Day 323): Interview Letter Received.:dancing::dance:

Monday, July 23 2018 (Day 333): Case Left NVC.

 

(U.S Colombian Embassy Stage) :

Monday, August 6 2018 (Day 347): Blood Test and chest X rays. (Done)

Wednesday, August 8 2018 (Day 349): Medical Exam. (Done)

Wednesday, August 15 2018 (Day 356): Biometrics in the Solicitant Atention Center. (Done)

Wednesday, August 22 2018 (Day 363): Interview... Approved! :dancing::dance:

Wednesday, September 19 2018 (Day 393): P.O.E thru Miami International Airport!!! :dancing::dance:

... "Nobody said it was easy" ... Coldplay: The Scientist Single.

 

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
39 minutes ago, Jhonny said:

Follow the advise gived to you by @JFH , is like that, she is not immigrating with you because she already immigrate to US, the only thing is that she is not living there!

Anout declaring the denial tourist visa, tell always the truth and don´t hide anything, even if you think that is a little thing, tell them, this is a very delicate process and even one insignificant thing can be important!

Have a great NVC stage and a quick interview!

A USC does not immigrate

 

They filed DCF so they will not go through NVC

YMMV

Jhonny Proficient

Jhonny   472

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted
21 minutes ago, payxibka said:

A USC does not immigrate

This is what I was saying!

 

22 minutes ago, payxibka said:

They filed DCF so they will not go through NVC

This I didn´t know! Sorry, I now know about this!

February 2016: We met in our jobs.

May 31 2016: We became a couple. :dancing:

August 16 2016: Engaged.

October 20 2016: ¡OUR WEDDING! Wooohooooo !!!!:dancing::dancing::dancing::wub:  :wub: :wub: 

CR-1 Visa Journey ... Service Center: Nebraska. Embassy: Bogotá , Colombia.

(I - 130 USCIS stage) :

Monday, August 21 2017 (Day 1) :  I - 130 sent. 

Monday, August 28 2017 (Day 7) : NOA 1  (Received via e-mail and SMS).  :dance:

Tuesday, September 05 2017 (Day 15) :  NOA 1  (hard copy I-797 received thru post mail) (PD Aug 24 2017).

Tuesday, March 13 2018 (Day 201) : USCIS issues RFE to our case . (Case opended at least) .:dance: 

Saturday, March 17 2018 (Day 205) : USCIS RFE  arrived via post mail.

Monday, March 19 2018 (Day 207) : USCIS RFE ´s answer was sent via post mail to NSC .

Thursday, March 22 2018 (Day 210) : Online Case Status changed to RFE´s answer was received .

Monday, April 2 2018 (Day 221) : ¡Approved! Online Case Status now shows Case was sent to Department of State.:dance::dancing:

 

(NVC Stage) :

Wednesday, April 4 2018 (Day 223) : Case Received.

Tuesday, June 5 2018 (Day 285): Case Number assigned, welcome letter received,invoice number received, DS261 filed.

Thursday, June 7 2018 (Day 287): AOS fee paid, waiting IV package fee to be unlocked to pay it.   

Thursday, June 14 2018 (Day 294): DS-261 checked and received letter, IV package fee now unlocked. 

Friday, June 15 2018 (Day 295) : IV fee paid, waiting DS-260 to be unlocked to fill it online. 

Monday, June 18 2018 (Day 298) : Full Package sent to NVC via post mail. 

Tuesday, June 19 2018 (Day 299): DS-260 unlocked to fill it online.

Wednesday, June 20 2018 (Day 300): DS-260 filled online.

Thursday, June 21 2018 (Day 301): Scan Date.

Monday, July 2 2018 (Day 312):  Case Completed and ready for an Interview.

Friday, July 13 2018 (Day 323): Interview Letter Received.:dancing::dance:

Monday, July 23 2018 (Day 333): Case Left NVC.

 

(U.S Colombian Embassy Stage) :

Monday, August 6 2018 (Day 347): Blood Test and chest X rays. (Done)

Wednesday, August 8 2018 (Day 349): Medical Exam. (Done)

Wednesday, August 15 2018 (Day 356): Biometrics in the Solicitant Atention Center. (Done)

Wednesday, August 22 2018 (Day 363): Interview... Approved! :dancing::dance:

Wednesday, September 19 2018 (Day 393): P.O.E thru Miami International Airport!!! :dancing::dance:

... "Nobody said it was easy" ... Coldplay: The Scientist Single.

 

 

Ryan H Grand Master

Ryan H   3,818

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Progress Reports to DCF Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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