Query regarding Form DS-260!

[Kuchiki 170]

In the online DS-260 form, there is a question regarding if the applicant has ever been refused a US visa, been refused admission to the US or withdrawn their application for admission at the port of entry. My query is that the beneficiary of i130 did apply for a US visitor visa in 2016 but the consulate did not issue the visa in the sense that they did take her interview but handed her a yellow page with her passport afterwards, the passport did not have any visa denied stamp or anything though. So does she have to choose the option 'yes'? This happened 4 years ago when she was not even married to the US citizen. If she selects the yes option would it impact her i130 case negatively?

Edited August 26, 2020 by Kuchiki

[CS_Bradshaw 55]

46 minutes ago, Kuchiki said:

In the online DS-260 form, there is a question regarding if the applicant has ever been refused a US visa, been refused admission to the US or withdrawn their application for admission at the port of entry. My query is that the beneficiary of i130 did apply for a US visitor visa in 2016 but the consulate did not issue the visa in the sense that they did take her interview but handed her a yellow page with her passport afterwards, the passport did not have any visa denied stamp or anything though. So does she have to choose the option 'yes'? This happened 4 years ago when she was not even married to the US citizen. If she selects the yes option would it impact her i130 case negatively?

are you in USCIS step or NVC step? because which i understand I130 is when your case still with USCIS and DS260 is when you are at NVC

[Kuchiki 170]

4 minutes ago, S & C said:

are you in USCIS step or NVC step? because which i understand I130 is when your case still with USCIS and DS260 is when you are at NVC

Still at USCIS step. But wanted to know in advance.

 

[Crazy Cat 42,512]

1 hour ago, Kuchiki said:

In the online DS-260 form, there is a question regarding if the applicant has ever been refused a US visa, been refused admission to the US or withdrawn their application for admission at the port of entry. My query is that the beneficiary of i130 did apply for a US visitor visa in 2016 but the consulate did not issue the visa in the sense that they did take her interview but handed her a yellow page with her passport afterwards, the passport did not have any visa denied stamp or anything though. So does she have to choose the option 'yes'? This happened 4 years ago when she was not even married to the US citizen. If she selects the yes option would it impact her i130 case negatively?

The answer is "Yes"...she was denied a visa....It will have no effect on an I-130...If the reason for denial was lack of ties to home country, then it will not affect the visa application.

Edited August 26, 2020 by Lucky Cat

[JFH 12,191]

Depends on the reason for denial. If it was the most common reason for a tourist visa denial (lack of sufficient ties to the home country) then this will have no impact whatsoever. 
 

If it was because she was found to be inadmissible then that’s a different story. 

[Kuchiki 170]

1 hour ago, Lucky Cat said:

The answer is "Yes"...she was denied a visa....It will have no effect on an I-130...If the reason for denial was lack of ties to home country, then it will not affect the visa application.

Thank you. They did not mention a specific reason for denial. She was a student back then, she wanted to go on a visit visa to meet her relatives in US during her semester break but was denied. This denial should not affect her now i130 application if I understood it correct?

Edited August 26, 2020 by Kuchiki

[Crazy Cat 42,512]

Just now, Kuchiki said:

Thank you. They did not mention a specific reason for denial. She was a student back then, she wanted to go on a visit visa to meet her relatives in US during her semester break but was denied. This denial should not affect her now i130 application if I understood correct?

If the denial was due to lack of ties to her home, then it will have no effect......see @JFH post above.

[Kuchiki 170]

Just now, Lucky Cat said:

If the denial was due to lack of ties to her home, then it will have no effect......see @JFH post above.

Got it, thanks!