I-129F amendment of information at interview

[Laura&Jeff 0]

Hi guys, we just had our I-1295 copy through the post and I've noticed a few minor errors 😕 Our attorney has told us to fill out an amendment form and present it at our interview in London . Our I-1295 was approved, so we're our DS160's we have booked the medical and the interview allready. The errors were ages of my fiance's children in the US and the box saying I had been married had been ticked ( I haven't ) but no info on a spouse was input ( obviously as there wasn't one 🙄) Attorney mistakes 😔 None of these things caused an RFE everything was approved. My question is......Has anyone amended info from a I-129F form at the interview ? (Esp London) Did it cause a delay in receiving back passports ? Obviously the info we are amending is nothing that required documentation to prove it . Our attorney doesn't think it's a big deal and I'm not overly worried about it causing a huge issue. It's worrying me as I wanted to fly home with my fiance a few weeks after the interview and now I'm concerned it may hold things up. Sorry for the long post I just wanted to include everything . T.I.A

[geowrian 22,338]

It most likely won't be an issue, but the incorrect married status could be an issue. The CO may want documentation, or assume you may have married (legally or not) and therefore be "too married" for a K-1. I think the lack of spouse information would be sufficient, but nobody can say with certainty what they will determine.

 

I'm not sure if a new form is the best way to do it, though. Just telling them may be sufficient. Having a new form on hand won't hurt, but I'm doubtful they can accept it. The I-129F was reviewed and approved by USCIS. The CO cannot just accept a new one and use that...COs are part of the Department of State (DOS), not USCIS.

There was even a circumstance very recently where the IO (from USCIS...not a mistake on the petitioner's part) forgot to mark a simple checkbox on the I-129F so the entire petition had to be sent back since the CO noticed it and cannot make the edit themselves.

[Laura&Jeff 0]

32 minutes ago, geowrian said:

It most likely won't be an issue, but the incorrect married status could be an issue. The CO may want documentation, or assume you may have married (legally or not) and therefore be "too married" for a K-1. I think the lack of spouse information would be sufficient, but nobody can say with certainty what they will determine.

 

I'm not sure if a new form is the best way to do it, though. Just telling them may be sufficient. Having a new form on hand won't hurt, but I'm doubtful they can accept it. The I-129F was reviewed and approved by USCIS. The CO cannot just accept a new one and use that...COs are part of the Department of State (DOS), not USCIS.

There was even a circumstance very recently where the IO (from USCIS...not a mistake on the petitioner's part) forgot to mark a simple checkbox on the I-129F so the entire petition had to be sent back since the CO noticed it and cannot make the edit themselves.

Thanks so much for your reply . I'm quite concerned now as to whether our attorney knows the right way forward here. He definitely thinks just amending the children's ages and ticking the Not married box is fine to present at the  time of the interview. We have had a battle to just get to the point of being able to apply. We had a year and a half of court battles in the UK to just be granted the power to leave with the children and start off the visa process . Court documents that we will be taking with us should be able to show that from those circumstances I was not married to the children's father . I hope so at least . I wonder if getting an avadafit of single status from an attorney would be a good document to have incase it becomes an issue on interview day . I'm really really worried now as going back to the start over something so minor would just be horrendous for us. I wonder where you saw that story , and if that happens often or was there more to it? It seems really bad that even a USCIS mistake made by them would create such a huge problem like starting over for the couple . I couldn't imagine how awful that might be 🙁

[Wuozopo 4,293]

46 minutes ago, Laura&Jeff said:

Hi guys, we just had our I-1295 copy through the post and I've noticed a few minor errors 😕 Our attorney has told us to fill out an amendment form and present it at our interview in London . Our I-1295 was approved, so we're our DS160's we have booked the medical and the interview allready. The errors were ages of my fiance's children in the US and the box saying I had been married had been ticked ( I haven't ) but no info on a spouse was input ( obviously as there wasn't one 🙄) Attorney mistakes 😔 None of these things caused an RFE everything was approved. My question is......Has anyone amended info from a I-129F form at the interview ? (Esp London) Did it cause a delay in receiving back passports ? Obviously the info we are amending is nothing that required documentation to prove it . Our attorney doesn't think it's a big deal and I'm not overly worried about it causing a huge issue. It's worrying me as I wanted to fly home with my fiance a few weeks after the interview and now I'm concerned it may hold things up. Sorry for the long post I just wanted to include everything . T.I.A

I wouldn't worry about it. Keep calm and carry on. The I-129F is a USCIS thing. You are now at Dept of State and I don't think they amend USCIS things. Not their jurisdiction. If noticed and asked, you have an answer. 

 

BTW-Your DS-160 has not been approved. (I think that's what you were trying to say). London won't look at it until interview.

[Wuozopo 4,293]

If anything I would get the incompetent lawyer to write up on letterhead and notarized that the petition error was his mistake and that you had never been married when the petition was submitted.  Then save it for when you apply for citizenship. Why? Because everything you have ever submitted to immigration is on the interviewers desk and they are supposed to look through the whole lot for discrepancies.   I doubt they get that detailed because my citizenship interview was a cakewalk and they didn't even want to see document originals I was supposed to bring. But getting that verification from the lawyer now will be easier than years down the road.  

 

London is pretty flexible and I don't anticipate they will care. It is way easier than you imagine. 

 

Don't use the lawyer for AOS. 

[Laura&Jeff 0]

14 minutes ago, Wuozopo said:

If anything I would get the incompetent lawyer to write up on letterhead and notarized that the petition error was his mistake and that you had never been married when the petition was submitted.  Then save it for when you apply for citizenship. Why? Because everything you have ever submitted to immigration is on the interviewers desk and they are supposed to look through the whole lot for discrepancies.   I doubt they get that detailed because my citizenship interview was a cakewalk and they didn't even want to see document originals I was supposed to bring. But getting that verification from the lawyer now will be easier than years down the road.  

 

London is pretty flexible and I don't anticipate they will care. It is way easier than you imagine. 

 

Don't use the lawyer for AOS. 

Thankyou!!!!!!! We certainly will be getting something from the attorney for the future . Really appreciate that info I think we will be very grateful if it one day . I've heard London is really relaxed which is nice it's just when you get so close to the end after this long waiting and you find something up with a form it makes your heart beat like you  ran a marathon!  We have been 3 years now asking courts in the UK and governments in the US if we can be allowed to be together . So close to the end and something happens 🙄 Typical! Thanks for your input we will definitely see what we can get from the attorney. He owes us that much at least.

[JFH 12,191]

*~*~*non-IMBRA question moved from “IMBRA special topics” to “K-1 fiance visa process and procedures”*~*~*