B2 on hold- have I been "refused visa" for DS-260? (split)

[Ssonjasch 1]

I have a similar question on this topic and I hope someone will be able to answer

So my husband and I are going the i-130 route, we just received the NOA1 in the mail. At some point in the future I will also have to fill out the DS-260 and will also have to answer the question that the user above quoted ("Have you ever been refused a visa?").

I don't think I have been refused one, but here's what happened. Long before we got married and started the I-130 process, I applied for a B2 tourist visa so I could go and visit my then-boyfriend who was being sent back to the US. Had the interview at the consulate in Frankfurt, but I didn't have a job at the time, therefore the interviewing officer didn't find I had strong enough binding ties.

She said, and I quote, "I am not denying your visa, but I'm putting it on hold. Once you get a job, send in your job contract, and we will grant your visa."

I haven't been able to find employment since then; so when I check that case status online, it still says "it's under administrative processing".

So technically I was NOT ever denied a visa, is that correct? Since she said she put it on hold, and the online status says "administrative processing"......... so I could answer NO to the question and it wouldn't be found a lie later on, is that right? Or should I answer YES and explain exactly what happened? I'm just a bit unsure because I don't know what exactly she would have typed into the system.

I hope someone can give me some worthy input because I've been trying to google this to no avail, and for hours.

[Cheezees 1,514]

I have a similar question on this topic and I hope someone will be able to answer

So my husband and I are going the i-130 route, we just received the NOA1 in the mail. At some point in the future I will also have to fill out the DS-260 and will also have to answer the question that the user above quoted ("Have you ever been refused a visa?").

I don't think I have been refused one, but here's what happened. Long before we got married and started the I-130 process, I applied for a B2 tourist visa so I could go and visit my then-boyfriend who was being sent back to the US. Had the interview at the consulate in Frankfurt, but I didn't have a job at the time, therefore the interviewing officer didn't find I had strong enough binding ties.

She said, and I quote, "I am not denying your visa, but I'm putting it on hold. Once you get a job, send in your job contract, and we will grant your visa."

I haven't been able to find employment since then; so when I check that case status online, it still says "it's under administrative processing".

So technically I was NOT ever denied a visa, is that correct? Since she said she put it on hold, and the online status says "administrative processing"......... so I could answer NO to the question and it wouldn't be found a lie later on, is that right? Or should I answer YES and explain exactly what happened? I'm just a bit unsure because I don't know what exactly she would have typed into the system.

I hope someone can give me some worthy input because I've been trying to google this to no avail, and for hours.

Could you ask the moderators (Hit the "report" button at the bottom of your post) to move your question to its own thread?

Your post may be considered "hijacking" which is against the TOS at VJ and may result in it being deleted altogether.

[Ssonjasch 1]

Could you ask the moderators (Hit the "report" button at the bottom of your post) to move your question to its own thread?

Your post may be considered "hijacking" which is against the TOS at VJ and may result in it being deleted altogether.

Done. Thank you

[caliliving 606]

I have a similar question on this topic and I hope someone will be able to answer

So my husband and I are going the i-130 route, we just received the NOA1 in the mail. At some point in the future I will also have to fill out the DS-260 and will also have to answer the question that the user above quoted ("Have you ever been refused a visa?").

I don't think I have been refused one, but here's what happened. Long before we got married and started the I-130 process, I applied for a B2 tourist visa so I could go and visit my then-boyfriend who was being sent back to the US. Had the interview at the consulate in Frankfurt, but I didn't have a job at the time, therefore the interviewing officer didn't find I had strong enough binding ties.

She said, and I quote, "I am not denying your visa, but I'm putting it on hold. Once you get a job, send in your job contract, and we will grant your visa."

I haven't been able to find employment since then; so when I check that case status online, it still says "it's under administrative processing".

So technically I was NOT ever denied a visa, is that correct? Since she said she put it on hold, and the online status says "administrative processing"......... so I could answer NO to the question and it wouldn't be found a lie later on, is that right? Or should I answer YES and explain exactly what happened? I'm just a bit unsure because I don't know what exactly she would have typed into the system.

I hope someone can give me some worthy input because I've been trying to google this to no avail, and for hours.

you werent denied. i would say no. because you were never denied, just put on hold. if it came up and they asked you that story makes sense.

you never applied for a visa and got a denial. they put it on hold until sufficient evidence and you never brought that.

[jan22 3,186]

I would say "yes". The only way your application could have been put "on hold" was to deny it under 221g for the administrative processing. Even though 221g-ed applications can ultimately be issued (when security checks are done, requested documents submitted, etc.(=), in the meantime, they are denied and show in the officer's system as a denial. The IV officer might question why you would say "no", since it would be clear to him/her that you had applied and not been issued a visa. It won't affect your IV at all, so why add a posibly complicating factor to your interview?

Edited September 17, 2016 by jan22

[NikLR 13,234]

I agree with Jan22. This is a better safe than sorry situation since a denied b2 isn't an issue for an immigrant visa, but potentially answering this wrong (no vs yes) can have serious consequences.

better safe than sorry

[Ssonjasch 1]

Hmmm, that's some interesting input there. It's a really tricky question, I find. Do you think I should try and contact the NVC directly and ask them? Or would that be too much?

[Californiansunset 343]

I agree with the above said. The officer will ask you why it got denied and then you can answer the same you did here. It will have no effect on your immigration visa so better answer that way. But to be honest I wouldn't worry about this question at all no matter how you answer. As I said it doesn't matter for the immigration process anyways and Frankfurt is the easiest consulate ever! All the officer is gonna say is "okay" and done. I've had multiple visa interviews and the one in Frankfurt was (although I had a really complicated case) a joke.

[Ssonjasch 1]

I agree with the above said. The officer will ask you why it got denied and then you can answer the same you did here. It will have no effect on your immigration visa so better answer that way. But to be honest I wouldn't worry about this question at all no matter how you answer. As I said it doesn't matter for the immigration process anyways and Frankfurt is the easiest consulate ever! All the officer is gonna say is "okay" and done. I've had multiple visa interviews and the one in Frankfurt was (although I had a really complicated case) a joke.

Thanks for the input. You sound pretty sure, I will try not to worry then