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Filed: K-1 Visa Country: Vietnam
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Posted

it seems like they never knew he was residing in the states and that he left undetected..so basically offer information thats asked at interview is what i read through these forums!1 i could be wrong but lets see what others have to say

Goodluck on your journey

When people on VJ recommend that someone not disclose something unless the IO asks about it they are specifically talking about information which isn't required to be divulged. For example, people often ask if they should submit their Western Union receipts at the interview, and the response is often that they shouldn't unless the CO specifically asks about it. It's ok to withhold this sort of evidence because there is no legal requirement that it be volunteered, none of the forms specifically ask for this information, and it's generally not a material fact that should directly affect the outcome.

Periods of unlawful presence are covered by immigration law. They can directly affect whether the applicant is admissible to the United States, and are therefore material facts. Several forms specifically ask if the applicant has ever been unlawfully present, overstayed a visa, or violated any US immigration law. There is no way to withhold this information without lying on those forms. Willful misrepresentation of a material fact can result in the alien being barred from the United States for life.

In a nutshell, if the question is asked, either on a form or by an immigration officer, then it must be answered honestly. If a question is never asked then the information doesn't need to be offered voluntarily.

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!

Posted

I'd love to hear what happens at your fiancé's interview! I'm in a similar situation and my interview is in ten days. I'm getting scared of the ten year ban and hoping with all I've got that I won't get caught up in any craziness! Good luck to you two!

From reading your other post, your situation is entirely dissimilar to the OPs.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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