Jump to content
karlmalowned

I-129F and possible misrep at consulate

4 posts in this topic

Recommended Posts

I am in the process of completing my i-129F packet to bring my fiance to the US, and I was wondering if I should address concerns about misrepresentation that they might have at the consulate as an attachment within this packet.

 

Background: About 6 months ago, she was subjected to expedited removal under the suspicion of coming to "live" here, but was only given the 212(a)(7)(A)(i)(I) charge with no misrepresentation. They went through her phone and found messages they interpreted as immigrant intent, but no evidence of violating other terms of the visa (i.e. working, marrying me, etc). I have evidence that would refute a claim of misrepresentation, such as still legally being married and not yet filing for divorce, a return plane ticket, her being present in the US before and leaving lawfully, and additional messages between us describing that she could not break the B-2 visa rules and returning to her country.

 

I am debating on including some of this information as a separate attachment within my i-129F packet so that the consular officer is able to review it before the interview, but I wanted to get some advice from others who might have been in a similar situation.

Share this post


Link to post
Share on other sites
48 minutes ago, karlmalowned said:

I am in the process of completing my i-129F packet to bring my fiance to the US, and I was wondering if I should address concerns about misrepresentation that they might have at the consulate as an attachment within this packet.

 

Background: About 6 months ago, she was subjected to expedited removal under the suspicion of coming to "live" here, but was only given the 212(a)(7)(A)(i)(I) charge with no misrepresentation. They went through her phone and found messages they interpreted as immigrant intent, but no evidence of violating other terms of the visa (i.e. working, marrying me, etc). I have evidence that would refute a claim of misrepresentation, such as still legally being married and not yet filing for divorce, a return plane ticket, her being present in the US before and leaving lawfully, and additional messages between us describing that she could not break the B-2 visa rules and returning to her country.

 

I am debating on including some of this information as a separate attachment within my i-129F packet so that the consular officer is able to review it before the interview, but I wanted to get some advice from others who might have been in a similar situation.

Not relevant for the I129F.  

 It will be asked about on the ds when you go for the interview at the Consulate and you will have to disclose it there.  IT will ask a series of questions about prior visas applied for, whether you were denied entry, etc, etc. 

 

The i129f gives you the approval to apply for the visa and during the visa application is when your issue could come into play.  Others will know better about the legal implications.

 

 

 

 

Edited by GP1977

Share this post


Link to post
Share on other sites

I would not address the issue with the petition.  Be truthful and bring evidence to the interview.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×