How to answer DS160 question about visa denied?

[Ju&Mike 19]

Hi Everyone!

 

So, to provide some context, I got my first american tourist visa when I was 14, then I renewed when I was on my 20's. 

I traveld many times to USA in the past 20 years, always as a tourist.

I met my fiance almost 3 years ago when we were both on vacations, in another country. We started to date long distance and I went 3 times visit him, and he came around 6.

On August 2021, my B1/B2 visa expired and we didn't have applied for the K1 yet, so I went ahead with the process of renewing my tourist visa. My interview took place on December 2021 and my visa was denied under the section 214B.

A little later we applied to the K1 visa, and since it will take a long time, I decided to try the tourist visa again.

 

I went filling th DS160 form and got to the question: "Have you ever been refused a U.S visa?". And I don't know what to put on the "Explain" box. Just say that I got denied to a B1/B2 visa under the 214B section? Should I explain anything else? Should I mention that I had a tourist visa valid before? Should I defend myself saying that I didn't have any intentions of immigrate ilegaly?

 

The following question is "Has anyone ever filled an immigrant petition on your behalf?" Should I say "NO", as a I129F is not a immigrant petition? Or should I say yes, and explain what kind of petition is? If I say no, should I mention the I129F anywhere at the form?

 

 

Sorry if those questions have been already answered here, but I couldn't find.

 

Thanks for the help!

[PaulaCJohnny 712]

You need to explain this in a few works. No need to over explain. They have all the information there, so no need to fight for your old case.

 

You had a visa denied, so YES and the explanation IMO need to be like you said: got denied to a B1/B2 visa under the 214B section

 

For the second question, I would answered NO. They are asking if you get a visa previously the K1 application, like another K1, CR1 etc 

 

good luck 

Edited July 6, 2022 by PaulaCJohnny

[Chancy 6,233]

8 hours ago, Ju&Mike said:

The following question is "Has anyone ever filled an immigrant petition on your behalf?" Should I say "NO", as a I129F is not a immigrant petition? Or should I say yes, and explain what kind of petition is? If I say no, should I mention the I129F anywhere at the form?

 

The I-129F is technically not an immigrant petition, so "No" would be technically true.  But you might as well answer "Yes" to that question and mention the I-129F because you will have to disclose that you have a fiance in the US anyway.  Whatever you answer regarding the petition, you must list your fiance under the Family section of the DS-160 because the form explicitly considers "fiance/fiancee" as an immediate relative.  Not listing your fiance now could jeopardize your K1 process.

 

That said, with a previous denial in the recent past and a fiance in the US, expect to be denied again.

 

[Ju&Mike 19]

10 hours ago, PaulaCJohnny said:

You need to explain this in a few works. No need to over explain. They have all the information there, so no need to fight for your old case.

 

You had a visa denied, so YES and the explanation IMO need to be like you said: got denied to a B1/B2 visa under the 214B section

 

For the second question, I would answered NO. They are asking if you get a visa previously the K1 application, like another K1, CR1 etc 

 

good luck 

Yeah, about the second question, I've never had any other aplication than B1 before. Just the K1 now.... and still at the early stages (we got our NOA1 on April 1st.

But since I'm applying for the tourist too, I was wondering if explain that I have a K1 in process might help them understanding I don't have the intention or need to ilegally immigrate... 

It's hard to know how the process of approval really works, cause I've seen people get approved for a tourist with way less ties to their home country than me... I have a secure and well paid government job, a profession with heigher education, a house morgage in my name, a car, all my family here, and yet.... denied without almost any questions on the interview

[Ju&Mike 19]

2 hours ago, Chancy said:

 

The I-129F is technically not an immigrant petition, so "No" would be technically true.  But you might as well answer "Yes" to that question and mention the I-129F because you will have to disclose that you have a fiance in the US anyway.  Whatever you answer regarding the petition, you must list your fiance under the Family section of the DS-160 because the form explicitly considers "fiance/fiancee" as an immediate relative.  Not listing your fiance now could jeopardize your K1 process.

 

That said, with a previous denial in the recent past and a fiance in the US, expect to be denied again.

 

Thanks for taking the time to answer me!

Yeah... I had kinda gave up on appling for the tourist visa, specially after reading the foruns here and seeing people getting denied over and over.

But recently I started to see more B1 approvals for people under the K1 process... that gave me some hope. 

I know it is a potential waste of time and money.... but the K1 now is taking so much time, and my fiance can only spend 6 months of the year here... its hard to stay long periods without see each other and also missing out all the big events of his ans his family lives happening there and I can't be present.

Considering all that, I'm willing to try one more time, and try to be mentally and emotionally prepared for a denial.

[Chancy 6,233]

2 minutes ago, Ju&Mike said:

Considering all that, I'm willing to try one more time, and try to be mentally and emotionally prepared for a denial.

 

That's good.  After all, none of us here on VJ knows for sure what the outcome will be.  The only way to be certain is to actually apply.  Good luck and please do update us on the result.

 

[carmel34 3,529]

12 hours ago, Ju&Mike said:

My interview took place on December 2021 and my visa was denied under the section 214B.

A little later we applied to the K1 visa, and since it will take a long time, I decided to try the tourist visa again.

I always say think positively, and apply for another B2, all you risk is the fee, but expect another denial for two reasons:

 

1.  It sounds like your ties to Brazil are the same now as they were six months ago when the B2 was denied.

2.  Your ties to the USA are now stronger than they were six months ago, with an active I-129F petition in process.

Edited July 6, 2022 by carmel34

[carmel34 3,529]

56 minutes ago, Ju&Mike said:

and my fiance can only spend 6 months of the year here

Also, count yourself lucky that your fiancé can go and visit you in Brazil for six months a year during the K-1 process.  Most of us don't have jobs that would make that possible.

[Ju&Mike 19]

30 minutes ago, carmel34 said:

I always say think positively, and apply for another B2, all you risk is the fee, but expect another denial for two reasons:

 

1.  It sounds like your ties to Brazil are the same now as they were six months ago when the B2 was denied.

2.  Your ties to the USA are now stronger than they were six months ago, with an active I-129F petition in process.

Yeah... ties are the same. Just a few changes as I finally got my divorced finalized on January (I was separated from my ex husband since 2017, but had assets issues, so we divorce took a long time to be signed), which could be interpreted as a less stroger tie to Brazil.... 

Also, my job is presential again, now. During pandemic I was working from home, so I spent longer periods of time with my, then boyfriend, in USA.

Now I can only travel during vacation periods.

 

33 minutes ago, carmel34 said:

Also, count yourself lucky that your fiancé can go and visit you in Brazil for six months a year during the K-1 process.  Most of us don't have jobs that would make that possible.

I consider ourselves very lucky, don't get me wrong. Also when his old company started to ask people to go back to the office, he started to look for a new job that allowed him to work from home. And it all worked out. So, yeah, we are very fortunate at this matter!

The only thing we weren't expecting was my tourist visa denial... I had the visa for almost 25 years, and never abused my rights as a tourist. Traveled many times, never overstayed, never been involved in any illegal activities, always payed entirely by myself my trips....

But I understand how my situation can look like to the consular officer.

Also the rates of denials to brazilians are pretty high at the moment...  I've heard the illegal imigrations have been happening more the past 2 years... And of course, we pay the price of that.

 

1 hour ago, Chancy said:

 

That's good.  After all, none of us here on VJ knows for sure what the outcome will be.  The only way to be certain is to actually apply.  Good luck and please do update us on the result.

 

I had a long conversation with my fiance about applying or not. We have been back and forth on this decision so many times over the last month. Less about how much I'm gonna spend, but more how that can emotionally impact us.

Last time I was pretty shaken with the denial...

But, if I go foward with this (which I'm almost positive I will), I let you guys know the outcome and the detais about the process.

Also, another struggle is finding a resonable day for the interview! They book to a year from now. And you have to access the embassy website every night, cause that's when they open new spots.

[Villanelle 4,121]

A lot of the reasoning you listed is not really applicable. I mean you can go on and on about these so called strong ties but honestly as strong as they are- you have already made a decision to sever them and come to the US once it's approved. So I would recommend shifting the focus from 'I wouldn't couldn't break these ties and simply stay' because they are so strong and important (themselves) to more of a 'my current plan which is for the k, has been so well thought out and planned that I would never randomly change it if I was given the visa and entered the US. I have so many important ties still and they are serious work, family, financial matters that I simply can't handle from afar.'

 

Show you are doing it the right way and hopefully you are approved as you should be in a perfect system.

[African Zealot 1,452]

3 hours ago, Ju&Mike said:

I have a secure and well paid government job, a profession with heigher education, a house morgage in my name, a car, all my family here, and yet.... denied without almost any questions on the interview

It’s the madness and good degree of randomness of US visitor visa applications. You’ll end up tearing your hair out trying to figure out why.

 

With your current petition and visitor visa refusal the probability of approval of a new visitor visa application is as close to nil as possible without actually being zero, unfortunately.

[Ju&Mike 19]

15 minutes ago, Villanelle said:

A lot of the reasoning you listed is not really applicable. I mean you can go on and on about these so called strong ties but honestly as strong as they are- you have already made a decision to sever them and come to the US once it's approved. So I would recommend shifting the focus from 'I wouldn't couldn't break these ties and simply stay' because they are so strong and important (themselves) to more of a 'my current plan which is for the k, has been so well thought out and planned that I would never randomly change it if I was given the visa and entered the US. I have so many important ties still and they are serious work, family, financial matters that I simply can't handle from afar.'

 

Show you are doing it the right way and hopefully you are approved as you should be in a perfect system.

Thanks for the advice.

Just to be clear, I wasn't planning on using my strong ties to my country as the foundation of my request for a tourist visa.

I don't know if you are a USC or a foreign, but if you ever been to a tourist visa interview, you know they don't even give you the chance to "build your case". It's not like they ask you: give me the reasons why you won't illegally immigrate, or they go and let you try convince them you have honest intentions.

They ask you 3 or 4 questions and approve or deny you right there... without giving you the chance to overcome the decision.

 

I'm not complaining about the system or anything like that... I was just providing some context why I got surprised with my denial, back in December. At that time, we didn't have decided persue the K1 yet, and were even talking of him moving here, instead me going, as I had more structure ans ties here. With his new job and some family issues, we decided to switch the plan, at least for now.

 

And yeah, you are right, probably the only way to have any chance of approval is, on the interview, answer the questions in a way to show, that, until my K1 is ready, I have to be physically present on my contry, handling my life and intend going to USA for short periods of time to visit fiance. I hope they give me the chance to demonstrate that....

 

[Ju&Mike 19]

9 minutes ago, African Zealot said:

It’s the madness and good degree of randomness of US visitor visa applications. You’ll end up tearing your hair out trying to figure out why.

 

With your current petition and visitor visa refusal the probability of approval of a new visitor visa application is as close to nil as possible without actually being zero, unfortunately.

Yeah.... I'm aware of that...

To be honest, the only reason I started thinking of applying is because I've seen some people getting approvals, being on the k1 process.

I don't know if the embassy changed the policy, because of the k1 processing time, or what might have changed..... But in the last month, in a forum of brazilians on the K1, there were at least 4 cases of approval.

I know.... it means nothing, for real. 

But sounds better than before, when all that we heard were denials.

 

That said, I keep my hopes very, very, very low. Cause I know how heartbreaking is standing there and reciving the red paper saying you are not eligible to receive the visa at the ocasion.

[African Zealot 1,452]

Well I subscribe to the philosophy you have little to lose except $160 and a refusal will not affect your visitor visa application so I support your application.

 

Just make sure you do not say anything at the interview that would be misrepresentation which would then subsequently make you inadmissible for the K visa or immigrant visa petitions.

 

Good luck!

[SalishSea 16,770]

7 hours ago, Ju&Mike said:

Thanks for the advice.

Just to be clear, I wasn't planning on using my strong ties to my country as the foundation of my request for a tourist visa.

I don't know if you are a USC or a foreign, but if you ever been to a tourist visa interview, you know they don't even give you the chance to "build your case". It's not like they ask you: give me the reasons why you won't illegally immigrate, or they go and let you try convince them you have honest intentions.

They ask you 3 or 4 questions and approve or deny you right there... without giving you the chance to overcome the decision.

 

I'm not complaining about the system or anything like that... I was just providing some context why I got surprised with my denial, back in December. At that time, we didn't have decided persue the K1 yet, and were even talking of him moving here, instead me going, as I had more structure ans ties here. With his new job and some family issues, we decided to switch the plan, at least for now.

 

And yeah, you are right, probably the only way to have any chance of approval is, on the interview, answer the questions in a way to show, that, until my K1 is ready, I have to be physically present on my contry, handling my life and intend going to USA for short periods of time to visit fiance. I hope they give me the chance to demonstrate that....

 

Whether or not you plan to base your application on strong ties to Brazil,  that is 100% how the immigrant intent evaluation is made by consular staff, as required by law.

 

Oh, and you should know that without work authorization, you are not allowed to work remotely while in the US on a B visa.