HELP please, trying for H4 - does interview waiver applies to this situation?

My spouse had initially H4 from 2017-2018.

She applied for F-1 in 2019 and was denied a visa. Denial was under 214(b) section.
She got it during second try and is currently on F-1.

Does she qualify for interview wavier for H4 and dropbox stamping?

One of the requirements for interview waiver is :
“who have never been refused a visa unless such refusal was overcome or waived”

Where can i confirm from if her situation falls under refusal was overcome?
If yes, what should DS-160 question be answered as, if she was ever refused a visa?

hi @Kalpesh_Dalwadi , thanks for the reply.
Do you think she qualifies for the waiver then and for the question :

“Have you ever been refused a visa before?”, the answer should be NO?

She was denied F1 in past, right? Then the answer will be ‘Yes’. H4 stamping has a very low risk even if she is called for an interview. Note that waiver is at discretion and many people were asked to come for interview after they submitted dropbox.

@Kalpesh_Dalwadi , does getting it in second time count as overcome?

Under what INA section the first application was denied? As far as I understand overcome meaning filing I-601 for a waiver against the ineligibility. Based on the INA section under which your visa was denied, you may or may not be eligible to apply for a waiver. If you are not eligible, then you haven’t overcome the denial, meaning you will answer ‘YES’.

@Kalpesh_Dalwadi it was denied under INA 214(b)

Doesn’t look like INA 214(b) is eligible for waiver. You can consult an immigration lawyer if you have further doubts on what to answer in DS-160.