How to fill up item 38, DS 156 if I had a prior K1 returned

[member123 0]

Dear VJ members

Please help me to answer item 38,Form DS 156 (Yes or No)

Have you ever been refused admission to the U.S., or been the subject of a deporation hearing, or sought to obtain or assist others to obtain a visa, entry into the US immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a US public elementary school on student status or a public secondary school after November 30,1996 without reimbursing the school?

I had a prior K1 returned last year. 9 months later, I was informed by USCIS to close this petition because the original validity dates have now passed. We refilled another K1 and got approved last month. Now i am working on DS 156 and was confused by this question, but I would say “no”.

Your comments will be very highly appreciated. Thank you!!!

Edited May 11, 2013 by member123

[laurabeth 4]

Dear VJ members

Please help me to answer item 38,Form DS 156 (Yes or No)

Have you ever been refused admission to the U.S., or been the subject of a deporation hearing, or sought to obtain or assist others to obtain a visa, entry into the US immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a US public elementary school on student status or a public secondary school after November 30,1996 without reimbursing the school?

I had a prior K1 returned last year. 9 months later, I was informed by USCIS to close this petition because the original validity dates have now passed. We refilled another K1 and got approved last month. Now i am working on DS 156 and was confused by this question, but I would say “no”.

Your comments will be very highly appreciated. Thank you!!!

I think the part of the question that should be highlighted is the "by fraud or willful misrepresentation or other unlawful means?" As long as you did not commit fraud or misrepresentation or break the law in the attempt to get the K-1 visa then you would answer "NO."

Also, if you were never granted the K-1 visa, you were never "refused admission" to the U.S., you "sought to obtain a visa" to the U.S. but it was not granted.

The underlying question it is asking is if you are committing fraud or have ever committed fraud with the intent to enter into the united states.

[TBoneTX 46,885]

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