Jump to content
robertino

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

By robertino in Diversity Lottery Visas

 Share

44 posts in this topic

Recommended Posts

SusieQQQ Grand Master

SusieQQQ   11,584

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.

Link to comment
Share on other sites
  • Replies 43
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

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   22,335

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

 

Link to comment
Share on other sites
SusieQQQ Grand Master

SusieQQQ   11,584

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.)

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
 Timeline
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.”

Link to comment
Share on other sites
geowrian Grand Master

geowrian   22,335

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

 

Link to comment
Share on other sites
robertino Apprentice

robertino   0

Posted
Filed: Other Country: Argentina
 Timeline
  • Author
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

Link to comment
Share on other sites
Dutchster Proficient

Dutchster   1,106

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

Link to comment
Share on other sites
Dutchster Proficient

Dutchster   1,106

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. 

Link to comment
Share on other sites
robertino Apprentice

robertino   0

Posted
Filed: Other Country: Argentina
 Timeline
  • Author
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

Link to comment
Share on other sites
SusieQQQ Grand Master

SusieQQQ   11,584

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
Link to comment
Share on other sites
robertino Apprentice

robertino   0

Posted
Filed: Other Country: Argentina
 Timeline
  • Author
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

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...