Hi everyone...

In 2004 my husband applied for a B2 visitor's visa. A few months after our travel dates had come and gone we received a 221g stating that "processing had been suspended because the dates of travel had come and gone" but we were free to reapply for no extra fee. We would only have to resubmit the DS-156. We didn't because we were out of vacation time and soon after decided to do the K3/CR-1.

MY question:

Is this 221g considered a visa refusal? Should I check "yes" for the question on the DS-156 that ask if he has been denied a visa???

thank you...

Yes it was a denial. Anytime you submit an application for visa like the DS-156 or DS-230, then wasn't granted a visa, that is a denial.

Now for a (maybe) stupid question...do you need a waiver for such a denial?

No you don't need a waiver for a denial. But do answer truthfully if they ask because they will have a record of all visa applications you have ever made.

I have a record of it all which I can present to them...will this delay things more, though??
I wonder if they will have to research it, etc...

I personally do not read this situation as a denial of visa, no visa was ever denied, it would appear from the facts stated that this was merely a "timed out" that is by the time they got round to processing it it was too late and they admitted that and said try again of you want. Personally I would answer the question "No" and then on an attached sheet explain what happened - the visa was never processed therefore it could not have been denied or granted to say he was denied would in my humble opinion raise unneccesary red flags.