claudia13839

I am petitioning my husband on the K3 and I am curious about something....
My husband applied for a tourist visa (to come visit me of course) before we got married about 8 months ago and was denied. Does this denial come up the day of his interview in the US consulate, and if it does.....how does this affect us? Will they have his record open the day of the interview? Should we even mention that he was denied atourist visa 8 months ago, will they know?

CLAUDIA

Folinskyinla

Hi:

Yes, they will know. It depends upon the REASON for the denial. The denials are usually, but not always, noted in the last page of the passport with an "application recieved -- date" stamp. If there is no concomitant visa to that stamp -- it diplomatically screams refusal.

Sometimes coded mumbo-jumbo is added to the stamp. If you see "214(b)" and "221(g)" then its no sweat. Those numbers indicate he simply didn't qualify for that visa. However, if there is 212(a)(xx), then you can sweat.

Don't ever lie to the government. The government reserves the right to lie to itself, not to visa applicants.

Ssleepless00

well it depend
if he didnt lie anything than nothing to worry

Evan Audette

Hey,

I got 212 (a) (7) (A) (i) (I) under the INA when I tried crossing back with
my wife in March at the Piegan, MT (US) / Caraway, AB (Can) crossing. I told
the truth of my intent, as I had NO idea back then, how the law worked. He
just corrected us, and appologized (although we were still ticked off and
saddened) then told the Canadian border gaurd that we were coming over, and
let my wife back through, so we could actually take the now alternate route
to my parent's place here in Ontario. Anyway, the reason for inadmissability
under the INA, in my case states:


(7) Documentation requirements.-

(A) Immigrants.-

(B) In general.-Except as otherwise specifically provided in this
Act, any immigrant at the time of application for admission-

**(I) who is not in possession of a valid unexpired immigrant visa,
reentry permit, border crossing identification card, or other valid
entry document required by this Act, and a valid unexpired passport, or
other suitable travel document, or document of identity and
nationality if such document is required under the regulations issued by the
Attorney General under section 211(a), or**

(II) whose visa has been issued without compliance with the
provisions of section 203, is inadmissible.



The part that applies to my particular situation is encased by the "**"
double astericks. Basically, I just didn't have sufficient / required
documents, because I was married to an American citizen, and now treated as
an immigrant, rather than a non-immigrant. And not having sufficient proof
that I was indeed going to return home to Canada, I was denied. And until I
CAN provide sufficient evidence or documentation to classify for admission,
hence the need for the K3 visa in my case, I probably will be denied once
again. I can't remember the section on the 3/10 year ban, I used to have it
bookmarked, but, I'm just glad that doesn't fall under it ;-)

So, not everyone who falls under 212 (a) (7), etc has to worry about a fire
under thier butt ;-)

-Ev

Scarlett

    >Don't ever lie to the government. The government reserves the right to
    >lie to itself, not to visa applicants.
    >--
    >Certified Specialist, Immigration & Nat. Law, Cal. Bar Board of Legal
    >Specialization


LOL Folinskyinla!

jcsutton

We were in the same situation a few months back. Before we got married my wife tried to get a visitor visa from South Africa to see me. Denied. She was asked what her relationship to me was at the time and she said "Good friend" which was technically true enough. My point is, as long as he didn't lie during the process to get the visitor visa it should be no sweat. At her interview for the I-130, she wasn't even asked about it, but if he is, don't lie about it.....