Consulate Interview...couple of red flags?

[ER Team :) 5]

We're going to have our interview in couple of weeks. I just turned in packet 3...now i have few questions...

I met my fiancé when I was in the U.S visiting my sister on the B1/B2 Visa… I wasn’t expecting this, was not a stage when I was looking for a relationship, but it happened. We just really fell for each other. My I-94 was getting closer to it’s due date- I filed for an extension. While the extension was pending I was looking into my options…I did not know much about all that immigration fuss…My sister filled I-130 and I-485 for me while I was there. While we were waiting to hear back in relation to the I-130 and I-485…I found out the extension of my I-94 was not granted. Meanwhile I began cumulating ‘overstay’. The I-485 together with I-130 was sent back to me, none of the checks were cashed… it simply said that the paperwork was rejected because the priority date was not current. They returned everything. It wasn’t even processed.

I met few lawyers, looking for options… I’ve decided to leave.

The overstay was less than 3 months (therefore it was less than the 180 days that would trigger the ban)

My (now fiancé) followed me and he proposed. He hired a lawyer and filed for I-129f in November. We got Noa2 in early April, I turned in my packet 3 (Ds-230 part 1 and the notice of readiness) approx 2 weeks ago… We’re waiting for the interview date to be scheduled; he will come down here to join me for the interview.

In packet 3 I was asked to complete the I-156 online (the one that generates the barcode) I truthfully answered all the questions…stating all my previous entries to the U.S…and how long.

When I was preparing it I was taking a peak at a sample form, that our lawyer had prepared for me and although I input all my visits to the u.s …around 6..out of which I overstayed only the last one… to the question – have you ever been unlawfully present in the us… I followed my lawyer’s example and checked no…

But I’m reading more and more and I think I should have checked yes. Now, what do I do… Can I correct it (using pen)? Or should I fill out another DS-156 and generate another code? But then again the instructions on packet 3 said first fill out the I- 156 and then send the notice of readiness… should I just keep the one I have and honestly tell the CO at the interview… how doest this bar code work?

What’s the right way to deal with all that? What’s your suggestion?

I would greatly appreciate the input of the senior members!

[pushbrk 12,153]

[quote name=ER Team ' timestamp='1305795635' post='4673954]

We're going to have our interview in couple of weeks. I just turned in packet 3...now i have few questions...

I met my fiancé when I was in the U.S visiting my sister on the B1/B2 Visa… I wasn't expecting this, was not a stage when I was looking for a relationship, but it happened. We just really fell for each other. My I-94 was getting closer to it's due date- I filed for an extension. While the extension was pending I was looking into my options…I did not know much about all that immigration fuss…My sister filled I-130 and I-485 for me while I was there. While we were waiting to hear back in relation to the I-130 and I-485…I found out the extension of my I-94 was not granted. Meanwhile I began cumulating 'overstay'. The I-485 together with I-130 was sent back to me, none of the checks were cashed… it simply said that the paperwork was rejected because the priority date was not current. They returned everything. It wasn't even processed.

I met few lawyers, looking for options… I've decided to leave.

The overstay was less than 3 months (therefore it was less than the 180 days that would trigger the ban)

My (now fiancé) followed me and he proposed. He hired a lawyer and filed for I-129f in November. We got Noa2 in early April, I turned in my packet 3 (Ds-230 part 1 and the notice of readiness) approx 2 weeks ago… We're waiting for the interview date to be scheduled; he will come down here to join me for the interview.

In packet 3 I was asked to complete the I-156 online (the one that generates the barcode) I truthfully answered all the questions…stating all my previous entries to the U.S…and how long.

When I was preparing it I was taking a peak at a sample form, that our lawyer had prepared for me and although I input all my visits to the u.s …around 6..out of which I overstayed only the last one… to the question – have you ever been unlawfully present in the us… I followed my lawyer's example and checked no…

But I'm reading more and more and I think I should have checked yes. Now, what do I do… Can I correct it (using pen)? Or should I fill out another DS-156 and generate another code? But then again the instructions on packet 3 said first fill out the I- 156 and then send the notice of readiness… should I just keep the one I have and honestly tell the CO at the interview… how doest this bar code work?

What's the right way to deal with all that? What's your suggestion?

I would greatly appreciate the input of the senior members!

This is what you hired your lawyer for.

[ER Team :) 5]

This is what you hired your lawyer for.

The lawyer was fired before we even received our NOA2..It turned out she just took the money and actually did more damage than actually helped us. We decided to fire her and since than always turned to VJ when needed advice.

Anyway...thank you for your time and post.

Maybe I will manage to get some help/opinion from someone else. Cheers.

[pushbrk 12,153]

[quote name=ER Team ' timestamp='1305813419' post='4674207]

The lawyer was fired before we even received our NOA2..It turned out she just took the money and actually did more damage than actually helped us. We decided to fire her and since than always turned to VJ when needed advice.

Anyway...thank you for your time and post.

Maybe I will manage to get some help/opinion from someone else. Cheers.

If you had mentioned you fired the lawyer, my answer would have been different. If it were me, yes, I would submit a form with truthful answers. The best way to do that is to fill out another one answered correctly.

[ER Team :) 5]

If you had mentioned you fired the lawyer, my answer would have been different. If it were me, yes, I would submit a form with truthful answers. The best way to do that is to fill out another one answered correctly.

Thank you! Does that mean It's okay for me to fill out another DS-156? I'm supposed to bring it to the interview, I haven't submitted one yet...might sound dumb...but since i already generated one with a barcode I wasn't sure i could do another one....but I gusess I can...yep I will definitelly check 'yes'.

Do you think I can expect some other red flags based on the info I provided? I think as long as we honest about everything and have good proofs of relationship , it should be okay?

I'm just worried that by trying to extend my stay and because my sister filed for I-130 and I-485 when i was there, I'm just worried it might be good enough reason for denial...

[JimVaPhuong 4,863]

[quote name=ER Team ' timestamp='1305815065' post='4674261]

Thank you! Does that mean It's okay for me to fill out another DS-156? I'm supposed to bring it to the interview, I haven't submitted one yet...might sound dumb...but since i already generated one with a barcode I wasn't sure i could do another one....but I gusess I can...yep I will definitelly check 'yes'.

Do you think I can expect some other red flags based on the info I provided? I think as long as we honest about everything and have good proofs of relationship , it should be okay?

I'm just worried that by trying to extend my stay and because my sister filed for I-130 and I-485 when i was there, I'm just worried it might be good enough reason for denial...

The Department of State computer system doesn't actually store the information you enter on the DS-156. It simply generates the two-dimensional bar code. This bar code contains all of the information you entered on the form in a format that's easy for the consulate to read with a scanner. We filled out several of these forms for my wife before we finally got it right.

Go ahead and fill out another form.

You didn't overstay long enough to trigger a ban, so it won't be cause for an automatic denial. You can expect to be questioned about it at the interview.

[ER Team :) 5]

The Department of State computer system doesn't actually store the information you enter on the DS-156. It simply generates the two-dimensional bar code. This bar code contains all of the information you entered on the form in a format that's easy for the consulate to read with a scanner. We filled out several of these forms for my wife before we finally got it right.

Go ahead and fill out another form.

You didn't overstay long enough to trigger a ban, so it won't be cause for an automatic denial. You can expect to be questioned about it at the interview.

Thanks a mill! That's the answer I was looking for!

[Penguin_ie 5,986]

Yes, I agree with the others, fill in a new form.

As to other red flags, they will probably ask questions about the overstay, and may give you a bit of a hard time about the sister's petition- your current K1 could be seen as you trying to find yet another way to immigrate. But the fact that the relationship started before that petition should make things ok.

[ER Team :) 5]

Yes, I agree with the others, fill in a new form.

As to other red flags, they will probably ask questions about the overstay, and may give you a bit of a hard time about the sister's petition- your current K1 could be seen as you trying to find yet another way to immigrate. But the fact that the relationship started before that petition should make things ok.

Thanks! Will do!

That's what I thought...but I think we have pretty good proofs of our relationship to help this out:

-approx 140h of phone conversation/month

-he comes down to Dublin every other month

-gmail chats (every weekday for at least an hour)

-Skype logs (every weekend day, 4-5 hours each)

-emails - we email each other every day

-he also emails me a video message every single day- since i left the U.S (that would be for the past 11 months)

-wedding plans and arrangements - i have a booklet for that

-I already bought a dress for the wedding

-birthday and xmas cards from him and his family

-postcard he sends me wherever he goes

- my fiance will be attending the interview with me

...well, all in all, I am getting myself prepared for some tough questions...

Thank you all for your input! VJ has helped us a lot in our journey...and we're planning on sticking to this website as far as information source for the rest of our journey. Thanks a mill!

[ER Team :) 5]

Just wanted to let you know how it went! They just asked about the overstay...they didnt even mention the petiton or asked about any evidence...all they wanted to know was if i didnt overstay more than 180 days....they didnt bother to look at anything....and did not care about anythiing...oversaty......all thay care about! cheeer!

[ScottThuy 140]

great news.. this goes to show how different things are from one country to another.

[ER Team :) 5]

true that! that was a relief!