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Arrest mistakenly not declared on DS160

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Filed: K-1 Visa Country: Vietnam
Timeline

Is the question the OP is concerned about a "new" question? In other words, is it worded in a "new" way or phrased differently than the last time he completed any paperwork with DOS?

If it is, the his last visa application would not have been incomplete?

That's not really the point. Immigration is a multi-stage process. If there's a problem with your documents at any stage in the process, it would seem sensible to fix the problem while you're still in that stage, rather than try to retroactively fix it when you get to the next stage or some other stage further down the road. It also makes sense to fix the problem with the government agency where the problem originally occurred. I doubt USCIS will be very happy about being asked to adjudicate a green card application, while being simultaneously told that the visa upon which that green card application is based was approved by the consulate with incomplete information, and further being asked to correct that error. I could easily imagine USCIS saying that this should have been considered with original visa application, revoking the applicant's visa status, and sending them back to the consulate to reapply for the visa. Even though the missing information would clearly not have affected his eligibility to receive the visa, USCIS could simply say that it wasn't their call to decide that.

This is sensible advice -- thankyou. The only problem is that I am due to return to U.S. in 7 days. I would think they would request an interview because otherwise there is no way to prove the authenticity of my e-mail -- anyone can write an email to the consulate claiming to be me. This would cause me numerous problems and potentially lead to loss of employment if I was to miss the flight. I'm just running out of time. I hate this :( Maybe I can plan for this and do it when I return to home country next time in 1 year?

I don't see why they'd want another interview. The CO who approved your visa would only need to review your new documents and evidence. If he doesn't see any reason why it should change your visa approval (and it shouldn't) then he could simply add the new stuff to your case file and be done with it. People do the reverse all the time - their visa application is in administrative review, or it's been denied and is waiting for final review by the visa section chief, and they submit new evidence to the consulate. The new evidence doesn't always change the outcome, but at least it's added to the casefile, which is your main objective here. There's also no reason why they'd have to verify your identity via email. All you're asking for is advice on what to do. Since they would presumably give the same advice to anyone in the same situation, your identity should be irrelevant.

The timing is a problem, though. This doesn't sound like something that could be resolved within 7 days. It could take that long (or longer) just to get a response to your email.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline

That's not really the point. Immigration is a multi-stage process. If there's a problem with your documents at any stage in the process, it would seem sensible to fix the problem while you're still in that stage, rather than try to retroactively fix it when you get to the next stage or some other stage further down the road. It also makes sense to fix the problem with the government agency where the problem originally occurred. I doubt USCIS will be very happy about being asked to adjudicate a green card application, while being simultaneously told that the visa upon which that green card application is based was approved by the consulate with incomplete information, and further being asked to correct that error. I could easily imagine USCIS saying that this should have been considered with original visa application, revoking the applicant's visa status, and sending them back to the consulate to reapply for the visa. Even though the missing information would clearly not have affected his eligibility to receive the visa, USCIS could simply say that it wasn't their call to decide that.

I don't see why they'd want another interview. The CO who approved your visa would only need to review your new documents and evidence. If he doesn't see any reason why it should change your visa approval (and it shouldn't) then he could simply add the new stuff to your case file and be done with it. People do the reverse all the time - their visa application is in administrative review, or it's been denied and is waiting for final review by the visa section chief, and they submit new evidence to the consulate. The new evidence doesn't always change the outcome, but at least it's added to the casefile, which is your main objective here. There's also no reason why they'd have to verify your identity via email. All you're asking for is advice on what to do. Since they would presumably give the same advice to anyone in the same situation, your identity should be irrelevant.

The timing is a problem, though. This doesn't sound like something that could be resolved within 7 days. It could take that long (or longer) just to get a response to your email.

Thanks for your advice JimVa. I now have a course of action to follow.

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That's not really the point. Immigration is a multi-stage process. If there's a problem with your documents at any stage in the process, it would seem sensible to fix the problem while you're still in that stage, rather than try to retroactively fix it when you get to the next stage or some other stage further down the road. It also makes sense to fix the problem with the government agency where the problem originally occurred. I doubt USCIS will be very happy about being asked to adjudicate a green card application, while being simultaneously told that the visa upon which that green card application is based was approved by the consulate with incomplete information, and further being asked to correct that error. I could easily imagine USCIS saying that this should have been considered with original visa application, revoking the applicant's visa status, and sending them back to the consulate to reapply for the visa. Even though the missing information would clearly not have affected his eligibility to receive the visa, USCIS could simply say that it wasn't their call to decide that.

I was just wondering aloud and perhaps wasn't clear in my comment.

I mention whether or not the question is 'new' because (if I understood some of the OP's original concern) then at least there would have been no misrepresentation on prior entries or at prior visa interviews.

True he has to deal with the question now.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Filed: Timeline

All:

I did the right thing, took JimVa’s advice, and personally contacted the Consulate General where my visa was issued regarding this matter. They were very helpful and thankful that I actually approached them to highlight the potential error on my visa application after approval was granted.

The information has been added to my case file and I feel 110% better. It's all sorted out.

For anyone else out there, if you ever identify anything wrong with your visa application and are worried about contacting the consulate, don’t be. Do the right thing and get it set straight.

Tip: To expedite the process try calling your local live Consulate consultant and express your timing concern -- their contact details are available via the official Consulate Gen. website. It's expensive but worth it.

Thanks JimVa.

GJ

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Filed: K-1 Visa Country: Vietnam
Timeline

All:

I did the right thing, took JimVa’s advice, and personally contacted the Consulate General where my visa was issued regarding this matter. They were very helpful and thankful that I actually approached them to highlight the potential error on my visa application after approval was granted.

The information has been added to my case file and I feel 110% better. It's all sorted out.

For anyone else out there, if you ever identify anything wrong with your visa application and are worried about contacting the consulate, don’t be. Do the right thing and get it set straight.

Tip: To expedite the process try calling your local live Consulate consultant and express your timing concern -- their contact details are available via the official Consulate Gen. website. It's expensive but worth it.

Thanks JimVa.

GJ

I'm glad it worked out! :thumbs:

You're fortunate to have been dealing with a consulate that actually answers the phone, even if they do charge for the service. Many US consulates don't charge a fee to call them, but they also don't answer the phone. The only way to contact those consulates is via email, and it often takes a week or two for them to respond.

By the way, it's just "Jim". The word "Va" means "and" in Vietnamese, as in "Jim And Phuong". :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Ecuador
Timeline
I'm glad it worked out! :thumbs:

You're fortunate to have been dealing with a consulate that actually answers the phone, even if they do charge for the service. Many US consulates don't charge a fee to call them, but they also don't answer the phone. The only way to contact those consulates is via email, and it often takes a week or two for them to respond.

By the way, it's just "Jim". The word "Va" means "and" in Vietnamese, as in "Jim And Phuong". :blush:

Sentiments heartily echoed, si man. Regarding Jim(Va), the "Va" pleasantly distinguishes JimVa from just any (less informed & informative) Jim on here, si man. :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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