DS-156 Question 31.

[Predictive 0]

ear Visa people,

Yes...we are so close it hurts.

My fiancee (Argentina) tried for a tourist visa and was quickly shot down when they discovered that she had a pulse and was under 70 years old. It seems nobody except rich business people and senior citizens get Tourist Visas out of Argentina. Any way...

She was refused a Tourist Visa and has the black stamp on her passport to show for it. Yikes...

The DS-156 form, question 31. asks "Have you Ever Been Refused A U.S. Visa and yes she has. Then later on under Question 38 they ask "Have you ever been refused admission to the U.S. or....and so on and so forth..."

My question is whether we answer Yes or No. If one answers Yes then the visa may be refused based on a specific law.

I am confused.... Of course if we answer No and the correct answer is Yes we are most likely screwed too...

What a mess.

Help...?

George

[meddykomp 0]

You should always answer all questions honestly. Being denied a visa isnt the same as being refused entry. Has she tried to actually enter the US and been turned away at POE? That would be the redused entry question. Being denied one type of visa does not prevent you from getting another type of visa. The requirements for each type of visa differ. It really depends on the reason for denial.

[pax 0]

^Right. She may have been denied a tourist visa because she did not show sufficient ties to Argentina to show that she would definitely return. With a K-1 visa, as she is not expected to return but rather to marry you and stay in the States, that roadblock is removed.

Of course, if she was deemed inadmissible for other reasons, you could have yourselves a problem. Did she ever have a visa in the past that she overstayed? Does she have a criminal or medical inadmissibility? You don't have to answer us, but you should make sure that her denial on the tourist visa was solely because she could not prove intent to return. And you do need to have her answer the question related to visa denial honestly. If she's never attempted to enter the States, then she's never been denied entry.

Good luck.

Edited February 15, 2006 by pax

[irishgirl73 0]

Always answer honestly. I filled out the forms for my fiance.............he was denied entry here in Philly a year a go for overstaying on the vwp 2 days. He was also denied a b-2 visitor's visa for not having strong enough ties to Ireland. when the time comes for his interview interview, he will be able to explain the denials & hopefully will not have a problem.

Never lie to immigration

[pri 0]

Never lie to immigration

I agree

[Predictive 0]

Thanks.

Actualy te question was not about to lie or not to lie but how to answer the questions.

What does Refused Entry mean? Does it mean Refused Visa? I believe one person actually seemed to think that a Refused Visa is not Refused Entry. Hence, the "correct" answer is to say No.

She was denied the Tourist Visa because they are insane at the Embassy....anyway we are almost done with the K-1.

thanks,

George

[irishgirl73 0]

There is a specific question on the form that asks if you have ever been refused a visa(date & place) for that question you would answer "yes".

That is different from the question you are refering to about being refused entry-there are two seperate things. Hope this helps.

[Peter Miami 0]

ditto

Peter Miami

[Yodrak 7]

George,

Has your fiancee ever appeared at a US POE and requested entry to the USA? Until you give us that information we can't tell you how to answer I-129f Q 38.

Of course if you can provide us with that information you can answer the question yourself.

Yodrak

Thanks.

Actualy te question was not about to lie or not to lie but how to answer the questions.

What does Refused Entry mean? Does it mean Refused Visa? I believe one person actually seemed to think that a Refused Visa is not Refused Entry. Hence, the "correct" answer is to say No.

She was denied the Tourist Visa because they are insane at the Embassy....anyway we are almost done with the K-1.

thanks,

George

[lucyrich 19]

"Refused entry" means roughly "showed up at a POE asking to come in to the USA and had the officer turn her away, saying she couldn't come in". "Refused a visa" means roughly "went to an embassy and asked for a visa, and was told she couldn't get one".

In either case, you should answer honestly. Chances are excellent they already have the information in their computers, anyway, and if you provide an answer inconsistent with the information in their computers, this could present a problem. If they catch you telling a lie or deliberately misleading an officer, it results in a permanent bar on admissibility.

In either case, answering "Yes" just means the officer will ask a follow-up question at the interview to determine the reason. If the reason was irrelevant for the visa she's currently asking for, then the previous refusal will not matter. Many VJ participants have reported being refused tourist visas for failure to show adequate ties to their home country. In no case have I heard of that presenting any problem whatsoever to getting a K visa or an immigrant visa, provided they were honest about the situation when asked.