RobRod

In my opinion, the relationship was the reason for the denial.

We had a very good experience at conquistador. Clean room, comfy bed. Pillows are hard though, so you might want to bring some.

I thought the same thing. 22 days. It became available last Friday and it is set for the 21st.

We had exact same experience. It took two weeks for an appointment to become available. When it became available, the payment window opened. We paid the fee then immediately scheduled both appointments: ACS and Consular Interview. Super easy. The hard part was waiting.

If you are still unsure, you can call them. The number is in the «contact us» section of the web page.

Thank you. I was finally able to schedule the appointment today!

Congratulations! I've been wondering how it went! Did it take you a long time to be able to schedule the interview on https://ais.usvisa-info.com/en-mx/iv?

We had to wait 36 days before the NVC received our petition. I started calling them after two weeks.

Edit: Sorry. I was confused by your post. I think your petition has left the NVC and is on its way to embassy/consulate.

Another option is to leave the DS 160 as it is, but make sure to bring it up at the interview. When you bring it up, tell the whole story including the confusion about the question. This is fine to do. It is based on the principal of timely retraction. If you decide to do this, you MUST NOT FORGET TO BRING IT UP AT THE FIRST OPPORTUNITY.

immigrant

Blather

Do you have your passport with the visa?

Much better than before! Hopefully the new information you are providing will get it all straightened out. Keep at it.

Guessing what might be the basis for USCIS's determination of misrepresentation is a useless exercise that will drive you nuts and waste time as you pursue solutions for something that many not be relevant.

Find out exactly why USCIS determined she has misrepresented herself. Once you know the problem, then you can pursue some solutions.

This is a consular (State Department) matter, not really a USCIS matter. Consular officers have no judicial review and the evidentiary requirements that go along with judicial review do not apply. This means that the consulate is not required to tell anyone what they have based their decision on. Following the advice of the attorney in Bolivia, who has had experience with this consulate, is the best option.

google the non-reviewability of consular decisions. There is an interesting case currently before the US supreme court.

she wouldn't be eligible for ESTA if she were denied for misrepresentation.

great job! Follow the advice of the attorney! time is important, so get right on it.

Yes. You can use your continuing income. Read the instructions for the form I 864.

Thank you.

We don't know that. That's a guess.

The misrepresentation, if there was one.

There are a couple of other avenues of inquiry as well, while the case is still at the consulate. This is why it is imperative to have a consultation with an attorney.

We don't have all the facts, and I'm not sure that the OP does either. An attorney would help him sort it out, and help them decide the best course of action for their situation.

The attorney needs to have experience with the consulate however.

And how were any of them relevant? So best case she is re interviewed, what has been gained?

Well, there is the possible benefit of timely retraction.

Again, I urge you to have a consultation with an immigration attorney as soon as possible.

I'm not sure if I'm breaking any rules here. Please tell me if I am. Here is a link to the pro bono page of the American Immigration Lawyers Association: http://www.immigrationadvocates.org/probono/partner/item.2440-American_Immigration_Lawyers_Association

Here's my two cents.

1. Don't withdraw the petition.

2. Make notes with your fiancée of everything you can possibly remember about both interviews.

3. Continue your research about 212 (A)(6)©(I) denials.

4. Keep in mind that there is no judicial review of consular officers. They are not required to give you any information.

5. Consider speaking with an attorney who is well-versed in consular support.

6. You probably already have the documents I am attaching, but they may be useful.

Procedural notes Fiance Visa FAM.pdf

US Department of State VISA Volume 9.pdf

With all due respect, your answer, av8or1, is just as speculative as mine. It can't hurt to try it in the manner I suggested. If you are right, an RFE is assured. If I am right, a month has been saved. Seems like a good bet to me.

By the way, the document I sent with copied signatures is one that requires originals according to the USCIS adjudicator field manual. It was not the letter of intent.

My hunch is that the document was interfiled with the petition. I know it was received.

Actually, my attorney drafted the cover letter and sent the package to the lockbox facility. I don't know why. I could speculate, but it would be just that.

I never did get confirmation that the document arrived or was matched up with our file, but I did get the I-129F approval with no RFE.

Come to think of it. I tracked the package, and it was accepted at the lockbox. So I know that it arrived. I never got confirmation by USCIS though, other than the approval.

My experience contradicts the other responses to this question.

I mistakenly sent a document with a copy of the original signature. When I discovered this, I waited until I had my NOA-1 receipt number, then sent in the document with the original signature. In the cover letter, I referenced the Date of the NOA-1 and the receipt number, provided a brief explanation of what the document was, asked the officer to interfile the document with the previous petition, and overnighted the package to the Dallas Lockbox facility.

You might direct your attorney to do this for you at no charge since it was their error. After they do that, then have a discussion with them about their future employment with you.