Does a tourist visa application count as having been through immigration proceedings?

[NotAFish 11]

My wife was denied a tourist application to the USA about 6 months ago (we were married, but only intended to visit the USA and had no plans for long term stays).  On the i-130 where it asks about previous immigration proceedings (page 7, part 4, question 53) is the application for a tourist visa considered having been in immigration proceedings?

 

If so, how do I answer the rest of that part since she went to the embassy in Hanoi and was just turned down (none of the options or possible locations seem to fit)?

 

Will this negatively impact our application?

 

Thanks!

[Dashinka 23,209]

I would answer no as this question seems to be related to proceedings that happened in the US such as removal/deportation.  I think the DS260 will ask if she was ever denied a visa to the US so the B2 denial would go there, and being denied a B2 should not impact a spousal visa unless the denial was due to misrepresentation.

 

Good Luck!

[NotAFish 11]

Thanks!

[pushbrk 12,093]

2 hours ago, Bill & Katya said:

I would answer no as this question seems to be related to proceedings that happened in the US such as removal/deportation.  I think the DS260 will ask if she was ever denied a visa to the US so the B2 denial would go there, and being denied a B2 should not impact a spousal visa unless the denial was due to misrepresentation.

 

Good Luck!

It is related to what it seems to be related to.  Later, in the actual visa application the applicant will answer yes to having been denied a visitor visa.  Different question means different answer.

[Nitas_man 3,100]

On 7/12/2019 at 3:21 AM, NotAFish said:

My wife was denied a tourist application to the USA about 6 months ago (we were married, but only intended to visit the USA and had no plans for long term stays).  On the i-130 where it asks about previous immigration proceedings (page 7, part 4, question 53) is the application for a tourist visa considered having been in immigration proceedings?

 

If so, how do I answer the rest of that part since she went to the embassy in Hanoi and was just turned down (none of the options or possible locations seem to fit)?

 

Will this negatively impact our application?

 

Thanks!

My wife was also denied tourist visas and we answered yes to being denied a tourist visa and no to being in immigration proceedings.  

Being denied a tourist visa has no effect on an immigration case if the denial was just because of ties (married to USC, not enough ties to home country).  If you were married and she applied for the visa as unmarried or did something foolish like that it will catch up and it will affect your case.

Edited July 14, 2019 by Nitas_man

[NotAFish 11]

On 7/12/2019 at 6:19 PM, pushbrk said:

It is related to what it seems to be related to.  Later, in the actual visa application the applicant will answer yes to having been denied a visitor visa.  Different question means different answer.

Just so I'm clear, the actual visa application is not the i-130, correct?  It is part of the paperwork they will have me fill out after I submit the initial packet, correct?

 

Thanks!

[Lil bear 3,831]

3 minutes ago, NotAFish said:

Just so I'm clear, the actual visa application is not the i-130, correct?  It is part of the paperwork they will have me fill out after I submit the initial packet, correct?

 

Thanks!

The visa application comes after the approval of the I130 petition. It is completed by the visa beneficiary 

[pushbrk 12,093]

11 minutes ago, NotAFish said:

Just so I'm clear, the actual visa application is not the i-130, correct?  It is part of the paperwork they will have me fill out after I submit the initial packet, correct?

 

Thanks!

The visa application is completed by the foreign spouse after the US Citizen Petitioner's I-130 PETITION, in their behalf has been approved.  USCIS does not issue visas.