Question about 'refused" visa on ds260 application when a tourist visa was denied

[daveycrocket9000 0]

Hey, I'm pretty sure already that "refused" and "denied" a visa are two seperate things but my wife seems to think differently and I wanted to ask to make sure. 

 

She applied for a B2 travel visa last year and was denied because her "ties in America were too strong to prove should would return to her home country" as she's married to an American citizen and was currently waiting the approval of her I-30 petition.

 

Now we are filling the DS260 and it asks about have you ever been refused a visa, it also seems this wording indicates it's refused at a port of entry, can anyone confirm this "refusal" question does not include a denial of tourist visa? thank you!

[Dashinka 24,483]

In this sense, I believe the question is asking about any previous visa applications where the visa was not granted.  I know the wording is confusing, and later in the process after the interview, "refused" and "denied" do in fact have very different meanings.  

 

Here is another thread asking a similar question.  In the thread there also appears to be different interpretations of the proper response, and apparently folks answered both ways and still made it through.  My opinion is that even though this is asking about three distinct circumstances, if any one of them is yes, you should answer yes.

 

Good Luck!

 

 

[jan22 3,049]

It counts.  She should answer "yes" to any question asking about a visa refusal/denial.

[top_secret 2,413]

23 minutes ago, daveycrocket9000 said:

She applied for a B2 travel visa last year and was denied because her "ties in America were too strong to prove should would return to her home country" as she's married to an American citizen and was currently waiting the approval of her I-30 petition.

 

Now we are filling the DS260 and it asks about have you ever been refused a visa, it also seems this wording indicates it's refused at a port of entry, can anyone confirm this "refusal" question does not include a denial of tourist visa? thank you!

 

 

I believe the question referred to is

Quote

"Have you ever been refused a U.S Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?"

 

It would seem the first situation applies.  She WAS refused a B2 visa so the answer is YES.  When it asks explanation, it is just what you said.   The B2 denial has no impact whatsoever on the spousal visa but they do know all about it and why.  So you have to put it there when asked.  My wife had two previous B2 denials.  We answered yes and listed them there and it was not the slightest issue.

[chi6488 94]

We are waiting for the embassy interview appointment for my mother in law and we answered YES to that question.  Explained it was a tourist visa and was denied.  Not a big deal.  I am sure they can see all the prior applications.

 

It seems CEAC or NVC someone has reviewed all items because we have had to submit corrections and additional information for them.

[Leo The Great 141]

36 minutes ago, chi6488 said:

We are waiting for the embassy interview appointment for my mother in law and we answered YES to that question.  Explained it was a tourist visa and was denied.  Not a big deal.  I am sure they can see all the prior applications.

 

It seems CEAC or NVC someone has reviewed all items because we have had to submit corrections and additional information for them.

True It is better to be honest with that reply. NVC verification system will eventually find out from their databases that visa was denied

Edited September 5, 2023 by Leo The Great