Hawthorne, NJ asked in Immigration Law for New Jersey

Q: Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

So I and my spouse are first cousins and he is in the US on F1 visa. I got my F2 rejected last year due to this cousin marriage reason as told by the visa officer during my visa interview in the embassy. Now he has moved to another state in US where cousin marriage is not illegal by state law. My question is to what should I answer this question in my DS160 form? It has two options, Yes or No. with yes it asks for a reason and what reason should I put here?

Thanks!

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When filling out your DS-160 form, honesty and accuracy are paramount. In response to the question regarding prior visa refusal, you should select "Yes," as you have previously experienced a rejection. This is crucial because the U.S. immigration authorities value transparency and completeness in the information provided by applicants.

For the reason, you should succinctly and honestly describe the circumstances of your previous refusal. A suitable explanation might be, "My F2 visa application was previously denied due to concerns related to the legality of cousin marriage in the state my spouse was residing in at the time of application." This response truthfully addresses the reason provided by the visa officer without going into unnecessary detail.

It's also advisable to provide context about your spouse's relocation to a state where cousin marriage is not prohibited, if relevant and permissible within the form's constraints or during any interview process. This might help clarify the change in circumstances since your last application. Remember, each case is unique, and visa decisions are made based on a combination of laws, individual circumstances, and the information provided in the application.

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