I-129F and possible misrep at consulate

[karlmalowned 3]

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.

[GP1977 288]

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 November 28, 2018 by GP1977

[karlmalowned 3]

Thank you for the reply

[pushbrk 12,977]

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