Can correcting mistakes be considered as misrepresentation?

[July-lucky 0]

Hi Guys,

My fiance and I made a mistake on previous forms (intial petition)and we are trying to correct this at the interview stage (either by re-submitting the previous forms or letting the interviewing CO KNOW) , can this be considered as misrepresentation? even though we are trying every effort to correct the mistake.

Thanks in advance for your reply

[ameribrit 37]

What was the mistake? How far along in the process are you?

[Lisa and Ian 7]

Hi Guys,

My fiance and I made a mistake on previous forms (intial petition)and we are trying to correct this at the interview stage (either by re-submitting the previous forms or letting the interviewing CO KNOW) , can this be considered as misrepresentation? even though we are trying every effort to correct the mistake.

Thanks in advance for your reply

I could see a potential issue if your mistake involved whether or not there was a criminal offense, as opposed to where someone worked, or lived, etc.

What was the mistake?

[canadian_wife 1,785]

During the interview, you'll be given an opportunity to correct any mistakes (as I had to on our petition). I'd correct the mistake and note the attempts you've made up to this point to correct the mistake

Good luck

[July-lucky 0]

During the interview, you'll be given an opportunity to correct any mistakes (as I had to on our petition). I'd correct the mistake and note the attempts you've made up to this point to correct the mistake

Good luck

Hi guys,

My birth certificate lists my first name, surname followed by my grand father's first name as as my full name (very common in my country of origin), whereas my passport only lists my name and surname (no field for grandfather's first name). It dawned on us may be my name as in birth certificate should of been listed on the forms where other names used are asked.

Canadian wife, if you do't mind me asking what did you correct? So we can have a piece of mind . Thanks very much.

[JimVaPhuong 4,863]

Anytime you provide information which is either false or misleading it is a misrepresentation. Whether they might use it against you depends on whether they rely on the information to make their decision; i.e., is the information material, and could the correct information change the outcome?

Whether the name difference would be material depends on whether you've ever been identified by the name on your birth certificate rather than the name on your passport. For example, would a criminal records search of your passport name come up clean, whereas a criminal records search on your birth certificate name reveals something?

The consulate will allow you to submit corrections and amendments, provided the information you are correcting or amending was not material to USCIS's approval of the petition. The corrected information will be added to your file - it won't replace anything that's already there. They won't let you submit a new I-129F because they don't have the authority to approve it. They have to make the decision on the visa based on the petition that was approved by USCIS. If you submit information which they believe is material to the approval of the petition then they have no choice but to return the petition to USCIS to be readjudicated. In fact, most of the time when a consulate returns a petition to USCIS it's because they have discovered information which they believe could have affected USCIS's decision to approve, had USCIS known this at the time.

[July-lucky 0]

Anytime you provide information which is either false or misleading it is a misrepresentation. Whether they might use it against you depends on whether they rely on the information to make their decision; i.e., is the information material, and could the correct information change the outcome?

Whether the name difference would be material depends on whether you've ever been identified by the name on your birth certificate rather than the name on your passport. For example, would a criminal records search of your passport name come up clean, whereas a criminal records search on your birth certificate name reveals something?

The consulate will allow you to submit corrections and amendments, provided the information you are correcting or amending was not material to USCIS's approval of the petition. The corrected information will be added to your file - it won't replace anything that's already there. They won't let you submit a new I-129F because they don't have the authority to approve it. They have to make the decision on the visa based on the petition that was approved by USCIS. If you submit information which they believe is material to the approval of the petition then they have no choice but to return the petition to USCIS to be readjudicated. In fact, most of the time when a consulate returns a petition to USCIS it's because they have discovered information which they believe could have affected USCIS's decision to approve, had USCIS known this at the time.

Thank you much JimVaPhuong, that was really helpful. I have only been identified by the name on my passport. When I called the embassy extortionate line, they adviced me to list name as in birth certificate on forms other names used are asked. What actions do you think i should take inorder to prepare my self for the interview. Affidavit of one and the same person, provide them other id's such as driver's license, scoool certificates...etc? Thanks very much for your insight.

[JimVaPhuong 4,863]

Thank you much JimVaPhuong, that was really helpful. I have only been identified by the name on my passport. When I called the embassy extortionate line, they adviced me to list name as in birth certificate on forms other names used are asked. What actions do you think i should take inorder to prepare my self for the interview. Affidavit of one and the same person, provide them other id's such as driver's license, scoool certificates...etc? Thanks very much for your insight.

If you're worried whether they'll accept that the name on your passport is your legal name then I wouldn't worry about it. Your passport is an internationally accepted form of identification. If your government is willing to issue a passport in that name then the US consulate doesn't have much choice but to accept it. The only thing I would be concerned about is whether they'll accept that your birth certificate is actually YOUR birth certificate, and not someone with a very similar name (a twin brother, perhaps). Other forms of identification with your passport name on them would not help substantiate your birth certificate, and I doubt any statement from you would be accepted since you can't possibly testify to information about your own birth.

I suppose it depends on how common this situation is in your country, and how snippy the consular officer wants to be about it. Short of evidence of a legally valid name change, I'm not sure what you could submit that would prove the validity of your birth certificate. I suspect that if it's obvious to a reasonable person that your birth certificate and your passport both refer to the same person, albeit with slightly different names, they'll probably accept it.

[July-lucky 0]

If you're worried whether they'll accept that the name on your passport is your legal name then I wouldn't worry about it. Your passport is an internationally accepted form of identification. If your government is willing to issue a passport in that name then the US consulate doesn't have much choice but to accept it. The only thing I would be concerned about is whether they'll accept that your birth certificate is actually YOUR birth certificate, and not someone with a very similar name (a twin brother, perhaps). Other forms of identification with your passport name on them would not help substantiate your birth certificate, and I doubt any statement from you would be accepted since you can't possibly testify to information about your own birth.

I suppose it depends on how common this situation is in your country, and how snippy the consular officer wants to be about it. Short of evidence of a legally valid name change, I'm not sure what you could submit that would prove the validity of your birth certificate. I suspect that if it's obvious to a reasonable person that your birth certificate and your passport both refer to the same person, albeit with slightly different names, they'll probably accept it.

Thank you. Really appreciate it.