Error on ds-260, too late to correct

[MsMoranx3 1]

Sorry if im not posting in the correct place im new here. Im petitioning for my husband who lives in the dominican republic. Upon filling out my spouses ds-260 immigration form i answered "no" to the question where it asks about his past arrest and convictions. After giving it much thought i realized it wasnt the best answer because he was in fact arrested 10 years ago but was never sentenced or convicted and the case was dismissed which led me to the answer i chose. Well we are extremely worried that the officer at the consulate will think we intentionally lied. What happens now? Should we be upfront about it or wait and see if we are asked and answer accordingly? Will he be automatically denied or is his case going to be delayed? Will we have to initiate i-130 all over again as well as the fees? Please help we are desperate. We have a 8 month old together that really needs him. Any advice will be helpful at this point

[mamichula34 7]

The best way is to be honest. My ex-husband had a DUI case back in 2000 never was convicted and when we went to immigration in 2008 they declined it because he said he was never in jail or had a case. I had to pay a lawyer for the DUI case and he was sentenced. Nothing major so once he finished he case sentencing we reaplied an and he was approved. The reason I say to be honest is because the already know when filing all about the beneficiary history. Hope this can be helpful. Good luck

[MsMoranx3 1]

Thank you for replying mamichula34, did they ask him at the interview? We are debating if we should speak out first or wait until they ask us.

[mamichula34 7]

Yes, they asked him has he ever been arrested or committed any crime he said no because he never was arrested, then the officer said are you sure he said yes I'm sure he asked again and he still said no so when the officer whipped out his records he said you lied being under oath and he replied saying I was not arrested for that case I was in the district but not arrested. So the officer gave him paperwork on how to clear his case which made him go to court etc. So remember that immigration is federal by the government they can't track anything and everything. So the best is to be true about everything.