DS156

[trying2 0]

My fiancee obtained a B2 VISA. She had a round trip ticket. It was determined that she was an intended immigrant without an immigrant visa. She was given permission to withdraw her application for admission and her visa was canceled. Her passport was stamped "Revoked". We have the approval for the K1 Petition. Now it is time for her interview at the Embassy.

We want to make sure we answer Question 38 correctly on the DS156. Should we mark "Yes" to "Have you ever been refused admission to the U.S., etc."?

Also, should we mark "Yes" to "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from the U.S."?

Also, how will marking "Yes" affect getting a K1 Visa?

[Faith & Andz 3]

My insincts tell me that you would have to answer "yes" to the first question and "no" to the second. But, I'd wait for an answer from someone who has had that experience. It sounds like she was innocent in her intentions, so I would not say that she was unlawfully present or violated her visa. After all, she had a visa, so she was there lawfully; the officers just determined that she was there as an immigrant, not a tourist, which is just a judgment call, not your fiancee's fault.

[Otto 83]

My fiancee obtained a B2 VISA. She had a round trip ticket. It was determined that she was an intended immigrant without an immigrant visa.

Is it safe to assume that this was 'determined' at a US POE? (by a CBP officer)

If so, then that would be a refusal (of entry). If she was issued a visa - but turned away at the border/POE (refused entry), that's not unlawful presence nor a deportation (based on what you've written).

[JimVaPhuong 4,863]

My fiancee obtained a B2 VISA. She had a round trip ticket. It was determined that she was an intended immigrant without an immigrant visa. She was given permission to withdraw her application for admission and her visa was canceled. Her passport was stamped "Revoked". We have the approval for the K1 Petition. Now it is time for her interview at the Embassy.

We want to make sure we answer Question 38 correctly on the DS156. Should we mark "Yes" to "Have you ever been refused admission to the U.S., etc."?

Also, should we mark "Yes" to "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from the U.S."?

Also, how will marking "Yes" affect getting a K1 Visa?

Yes, she was refused admission. This particular incident was not a violation of the terms of her visa. She was permitted to withdraw her application for admission, and her visa was revoked at the discretion of the immigration officer. It would be different if she'd been subjected to expedited removal.

[trying2 0]

Yes, she was refused admission. This particular incident was not a violation of the terms of her visa. She was permitted to withdraw her application for admission, and her visa was revoked at the discretion of the immigration officer. It would be different if she'd been subjected to expedited removal.

Thank you for your responses. I am still worried that she will have a problem on her interview. Could they deny her visa based on the fact that she was refused admission?

[trying2 0]

I would like to again thank you for your responses. I have two additional questions.

1. Could they deny her visa based on the fact that she was refused admission?

2. If she states that I assisted her with the forms, does that reflect negatively on her?

[mugumogu 18]

I would like to again thank you for your responses. I have two additional questions.

1. Could they deny her visa based on the fact that she was refused admission?

2. If she states that I assisted her with the forms, does that reflect negatively on her?

So... What happened? I'd like to know.