Selective Evidence at Interview

[KnJ 0]

I'm interviewing in 2 weeks and I have an issue that could come up, but might not, and I have evidence to address it if it does come up. However, do I have to give over all my supporting documents not specified on the list? If I give this document to them if the issue doesn't come up, it is basically irrelevant.

So my question in a nutshell: can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

[Otto 83]

can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

Yes, absolutely you can.

[Kathryn41 3,205]

It is hard to answer your question without knowing in what area the evidence relates - is it something that if it were known would have an impact on your immigration status? If so, then you may wish to disclose it now rather than face possible misrepresentation charges later for failing to disclose it.

You might find it useful to read over the application forms and instructions for the future immigrations forms you will be filling out - the question may be asked there and you may be faced with a situation of 'why didn't you disclose this earlier?'. Read over the instructions and forms for the I-485 (Adjustment of Status), the I-765 (Employment Authorization), I-131 (Travel Document), the I-964 (affidavit of Support for AOS), I-751 (Removal of Conditions) and N-400 (Naturalization) - a lot of reading, yes, I know, but the best way for you to answer your own question.

If you don't find any reference to the issue involved then it may not be relevant and you only need to discuss it if it is specifically asked. The fact that you have a folder of evidence addressing the situation and you think it might be asked, leads me to suggest you will want to check into things carefully. One of the criteria USCIS uses is 'if this information had been known at the time would it have made a difference to the decision to grant the immigration benefit'. That is how you need to look at this situation as well.

Edited October 22, 2009 by Kathryn41

[KnJ 0]

It is hard to answer your question without knowing in what area the evidence relates - is it something that if it were known would have an impact on your immigration status? If so, then you may wish to disclose it now rather than face possible misrepresentation charges later for failing to disclose it.

You might find it useful to read over the application forms and instructions for the future immigrations forms you will be filling out - the question may be asked there and you may be faced with a situation of 'why didn't you disclose this earlier?'. Read over the instructions and forms for the I-485 (Adjustment of Status), the I-765 (Employment Authorization), I-131 (Travel Document), the I-964 (affidavit of Support for AOS), I-751 (Removal of Conditions) and N-400 (Naturalization) - a lot of reading, yes, I know, but the best way for you to answer your own question.

If you don't find any reference to the issue involved then it may not be relevant. One of the criteria USCIS uses is 'if this information had been known at the time would it have made a difference to the decision to grant the immigration benefit'. That is how you need to look at this situation as well.

I'm trying to think of a parallel example to give but I can't think of one.

It's a really sensitive matter, but no, it's not something that stands on its own as evidence. It is there to address a particular, very sensitive matter that might come up. If I present it but the issue does NOT come up, then it raises the issue, which I think could hurt the application in some way. The evidence, without the issue, is completely.. out of left field. In the context of the issue, it is highly relevant. A kind of ace up my sleeve.

It's not related to employment, travel, domicile, proof of support, not becoming a charge of the state, needing food stamps, ever having been illegally in the US, or related to any convictions.

The evidence is related to proving our relationship is real BUT ONLY if one particular issue comes up. I really truly can't get into the specifics. That's why I was just trying to ask whether it's possible to hold onto any documents and produce only when needed, and if not needed, to just never bother with them.

So they won't need to know everything that's in my folder. Presumably I'll have reams of copies of things and they don't need to see all of them.

edited to add: I have lots of other solid evidence of proof of bona fide relationship, emails, chats, private messages, phone records, plane tickets, photos, me as his beneficiary on insurance etc.

Edited October 22, 2009 by KnJ

[Kathryn41 3,205]

I think under the circumstances you should be fine. Good luck!

[Anh map 2,098]

I believe that I recall the issue and it sounds like a prudent step to go there well prepared but not to open up a can of worms unnecessarily.

Best of luck to the both of you.

[Gary and Alla 3,694]

I'm interviewing in 2 weeks and I have an issue that could come up, but might not, and I have evidence to address it if it does come up. However, do I have to give over all my supporting documents not specified on the list? If I give this document to them if the issue doesn't come up, it is basically irrelevant.

So my question in a nutshell: can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

Sure you can. Keep in mind that decisions about visas are usually made before the interview takes place and by the time of the interview it may be too late. You may end up with a 221g and notice to return for a second interview. You do not detail the issue (your choice) but withholding something can backfire on you. whether they will allow you to submit additional documentation at the time of the interview is up to them.

[KnJ 0]

I'm interviewing in 2 weeks and I have an issue that could come up, but might not, and I have evidence to address it if it does come up. However, do I have to give over all my supporting documents not specified on the list? If I give this document to them if the issue doesn't come up, it is basically irrelevant.

So my question in a nutshell: can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

Sure you can. Keep in mind that decisions about visas are usually made before the interview takes place and by the time of the interview it may be too late. You may end up with a 221g and notice to return for a second interview. You do not detail the issue (your choice) but withholding something can backfire on you. whether they will allow you to submit additional documentation at the time of the interview is up to them.

Hmm. That's a really interesting point about the decision taking place before the interview. This makes it seem kind of futile, but worth taking evidence in case. Thanks.

[Carlawarla 1]

I'm interviewing in 2 weeks and I have an issue that could come up, but might not, and I have evidence to address it if it does come up. However, do I have to give over all my supporting documents not specified on the list? If I give this document to them if the issue doesn't come up, it is basically irrelevant.

So my question in a nutshell: can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

Sure you can. Keep in mind that decisions about visas are usually made before the interview takes place and by the time of the interview it may be too late. You may end up with a 221g and notice to return for a second interview. You do not detail the issue (your choice) but withholding something can backfire on you. whether they will allow you to submit additional documentation at the time of the interview is up to them.

Is this regionally specific? While sometimes it appears to be the case, I've never seen anything to suggest it is the case.

[Anh map 2,098]

I'm interviewing in 2 weeks and I have an issue that could come up, but might not, and I have evidence to address it if it does come up. However, do I have to give over all my supporting documents not specified on the list? If I give this document to them if the issue doesn't come up, it is basically irrelevant.

So my question in a nutshell: can I keep a folder of documents with me, and pull out a piece of evidence only if it is relevant to a question I'm asked?

Sure you can. Keep in mind that decisions about visas are usually made before the interview takes place and by the time of the interview it may be too late. You may end up with a 221g and notice to return for a second interview. You do not detail the issue (your choice) but withholding something can backfire on you. whether they will allow you to submit additional documentation at the time of the interview is up to them.

Is this regionally specific? While sometimes it appears to be the case, I've never seen anything to suggest it is the case.

They don't go into the interview blind. The CO reviews the case file prior to the interview and draws conclusions based on the evidence. Human nature tells us that the CO will make a determination prior to the interview and then look for the interviewee to confirm thier conclusions or not.

From reading some Consular Officer blogs it does seem to work that way. How else could a person be able to give an answer at the conclusion of the interview without having some knowledge of the case file beforehand?