Misrep for prior i130?

[RichiJenny 14]

Hi guys, im a bit worried about a finding I made in the K1 forum.

Im currently in the process of the i130 petition with my wife.

In march 2006 I enthered the USA on a K1 visa. Got married within 90 days....and then a couple of months later returned home to the UK as our marriage began to severely break down. I did not file or begin to file for AOS.

Towards the end of 2006 my wife and I tried to make our marriage work, and so she filed the i130. That was approved.

Thenit became clear it was not going to work between us, so sometime after the approval she wrote to the USCIS and informed them that we were getting divorced. She informed me that she later on received the papers to say it was now cancelled.

(I checked our old case number and it said that there was some post decision activity after approval in Sept 2008, so I called the NVC who told me that they had sent the petition back to the uscis for review and that the petition was indeed revoked in June 2009. I presume that this was down to the fact that my ex wife wrote to the uscis and kept them up to speed and finalised by our divorce.

Does the below mean that just because a couple get divorced after filing an i130, that there is an automatic finding of misrepresentation?

I have plenty of photographic evidence that our marriage ws bona fide and also the fact that I did the right thing and returned to the UK so as not to become a public charge as my marriage had broken down.

Then today I found this, I am worried it applies:

9 FAM 40.63 N10.1 Misrepresentation in Family Relationship Petitions

(CT:VISA-1030; 09-22-2008)

Pursuant to 8 CFR 205, invalidation of a labor certification for fraud in accordance with the instructions of USCIS or the Department of State automatically revokes an employment-based immigrant visa (IV) petition. On the other hand, USCIS retains exclusive authority to disapprove or revoke family-relationship IV petitions. Thus, a misrepresentation with respect to entitlement to status under a family-relationship petition, e.g., document fraud, sham marriage, or divorce, etc., cannot be deemed material as long as the petition is valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office. If the petition is revoked, the materiality of the misrepresentation is established.

[LotofPatience 65]

Does the below mean that just because a couple get divorced after filing an i130, that there is an automatic finding of misrepresentation?

Richi, How come this mis-representation? When you guys filed I-130, you were married. Divorce happened 'after filing'.

Loto

[RichiJenny 14]

Sorry, thank you Loto, you spelled it out to me and put my mind at ease in one go! Thank you so much.

[Neal851 3]

Yup...Loto is right. I didn't see any Misrepresentation..