Please Help! Interview coming up but found out filed I-129F wrongly(merged)

[Fingercross 33]

Please my interview is coming soon, but we just fond out that we filed I-129F Part 3, Questions 4.a. and 4.b wrongly.

My Fiance had a DUI 2 years ago fine was fewer than $500, and had a drug case dismissed many years ago as well.

We thought only 2 cases not more than 3 and fine not more than $500 we don't have to check YES on 4.a.

 

What we should do now? Should I bring a fiance letter and declare he made a mistake on I-129F and said it should be YES and then reply 4.b. as well?
Should I tell them ahead before the interview? 

 

Anyone had this mistake or experiences and got approved?? 

 

 

[Fingercross 33]

Please my interview is coming soon, but we just found out this problem when reading this post!
We filed I-129F Part 3, Questions 4.a. and 4.b wrongly, we checked NO.

My Fiance had a DUI 2 years ago fine was fewer than $500, and had a drug case dismissed many years ago as well.

We thought only 2 cases not more than 3 and fine not more than $500 we don't have to check YES on 4.a.

 

What we should do now? Should I bring a fiance letter and declare he made a mistake on I-129F and said it should be YES and then reply 4.b. as well?
Should I tell them ahead before the interview? 

 

Anyone had this mistake or experiences and got approved??

 

Any suggestion and help would be appreciated. 

[givionte 138]

That's quite a serious correction, is your interview already scheduled?  If not, you need to resbumit the form with corrections, you may wish to contact USCIS customer service for specifics on the best way to correct this error.  It might end up being a simple change, but because it's an honesty based question, they may require more.

 

If your interview is already scheduled in the near future, best to contact the office and see what they recommend.  You also will need if you don't already all the police and court documentation of these situations.

 

The biggest problem will be time, this will surely slow down the process since it isn't a minor typo.  Changing the answer from no to yes will bring increased scrutiny to his background check.  Don't be surprised if you still have the interview, but after get an RFE to make all the changes needed, and have to wait an extended period of time for any approval.  But be honest, they will appreciate making an attempt to solve the mistakes instead of hiding them, which would be considered fraud, so you are doing the right thing.

Edited May 27, 2019 by givionte

[RT&MJ 10]

I meant to update this post last week. I wrote a letter to the USCIS office processing our case explaining what I forgot to fill out on the forum and copied the updated I-129F page. I then requested an official document from the state police since the court record was destroyed more than 10 years ago to support my claim. (It was the only option to obtain such info) I then gave the copy to my Fiancee who been informed for a while. We passed USCIS and Embassy interview with no issues, but the CO did ask her about my DUI that was on file and told her not to drink and drive. That told me the letter did make its way to the person at USCIS processing the papers.

 

They mainly want to make sure your fiance(e) is fully aware of the past convictions.

[Falcon Cara 378]

10 minutes ago, RT&MJ said:

I meant to update this post last week. I wrote a letter to the USCIS office processing our case explaining what I forgot to fill out on the forum and copied the updated I-129F page. I then requested an official document from the state police since the court record was destroyed more than 10 years ago to support my claim. (It was the only option to obtain such info) I then gave the copy to my Fiancee who been informed for a while. We passed USCIS and Embassy interview with no issues, but the CO did ask her about my DUI that was on file and told her not to drink and drive. That told me the letter did make its way to the person at USCIS processing the papers.

 

They mainly want to make sure your fiance(e) is fully aware of the past convictions.

Drinking and driving is legal in Philippines and a few states in the USA. Odd he told her that. But who cares as long as they approved your visa.

[geowrian 22,337]

Hopefully it's not an issue. That said, there are cases where it has been an issue. Want to share your experience, @John & Rose?

 

Edit: To clarify, I'm not saying it will be an issue. But it may be an issue.

The I-129F as of just a couple years ago didn't even ask that question.

 

1 hour ago, givionte said:

If not, you need to resbumit the form with corrections, you may wish to contact USCIS customer service for specifics on the best way to correct this error.

If the interview is coming up soon (and also according to their timeline), the I-129F has already been approved. There's nothing USCIS can do at this point as they don't have the petition and already adjudicated it. The only thing that could happen is the consulate returns the petition to USCIS. However, USCIS does not review returned I-129Fs and instead lets them sit to expire.

 

Quote

The biggest problem will be time, this will surely slow down the process since it isn't a minor typo.  Changing the answer from no to yes will bring increased scrutiny to his background check.  Don't be surprised if you still have the interview, but after get an RFE to make all the changes needed, and have to wait an extended period of time for any approval.  But be honest, they will appreciate making an attempt to solve the mistakes instead of hiding them, which would be considered fraud, so you are doing the right thing.

I don't foresee the issue being trying to "hide" a crime or any sort of misrepresentation due to it. The issue is the I-129F may have been approved incorrectly as it is missing documentation. IN which case, only USCIS can fix it. But they don't actually do this, as noted above.

As a side note, the consulate does not issue RFEs. They refusal the visa under INA 221(g) pending additional documentation.

Edited May 27, 2019 by geowrian

[Fingercross 33]

Thanks for the replies...
We really need some help and suggestion, we have been together 9 years soon and worked so hard and plan everything for the K1 visa, wedding, honeymoon and future...we cant imagine if we get denial cause of our stupidness. 
 

[Fingercross 33]

4 hours ago, RT&MJ said:

I meant to update this post last week. I wrote a letter to the USCIS office processing our case explaining what I forgot to fill out on the forum and copied the updated I-129F page. I then requested an official document from the state police since the court record was destroyed more than 10 years ago to support my claim. (It was the only option to obtain such info) I then gave the copy to my Fiancee who been informed for a while. We passed USCIS and Embassy interview with no issues, but the CO did ask her about my DUI that was on file and told her not to drink and drive. That told me the letter did make its way to the person at USCIS processing the papers.

 

They mainly want to make sure your fiance(e) is fully aware of the past convictions.

Thank you for your reply.

We just replied them and said we are ready for interview and waiting for them to reply the interview date only.

Do you think we are too late to do it? Should we still send it to USCIS or just bring the document to the interview?
 

 

[carmel34 3,609]

@John&Rose were denied a K-1 for a similar situation, but in their case, they did not disclose an arrest and it was discovered by USCIS in the background check if I remember correctly.  So if you disclose the mistake and provide all documentation for these two criminal records, DUI and drug related, it might help your case.  But whatever you do, disclose it, as US immigration does look look favorably on lying on immigration forms.  If you do not disclose this and it is found by US immigration, it could be viewed as a serious misrepresentation, so the sooner you let them know the better.  Take all the court documentation to your interview.  If your fiance can attend the interview with you, it might help if he goes and explains everything to the CO.  The problem is that the petitioner signed the I-129F under penalty of perjury, stating that everything was correct when he signed it.

[RT&MJ 10]

10 hours ago, Falcon Cara said:

Drinking and driving is legal in Philippines and a few states in the USA.

That’s news to me....

 

6 hours ago, Suki_R said:

Thank you for your reply.

We just replied them and said we are ready for interview and waiting for them to reply the interview date only.

Do you think we are too late to do it? Should we still send it to USCIS or just bring the document to the interview?
 

 

If your case  has made it pass USCIS then I would have a copy of the police records at the embassy interview just in case the DUI shows up on the police records attached to your case file. I wouldn’t bring it up at the interview unless asked.

[EllisAndRenz 196]

4 minutes ago, RT&MJ said:

That’s news to me....

 

If your case  has made it pass USCIS then I would have a copy of the police records at the embassy interview just in case the DUI shows up on the police records attached to your case file. I wouldn’t bring it up at the interview unless asked.

Agreed about the news part.   I know a DUI in the Philippines isn't criminal (unless there is an accident) but it's not "legal" either.  I don't know any state in the USA that it's legal.  (Although in NJ is a traffic offense instead of a criminal offense).  

But I'm very surprised it didn't show up on the USCIS check and trigger an RFE.  

In response, I'd concur with what the previous poster (RT&MJ) said.

[JFH 12,189]

11 hours ago, RT&MJ said:

I meant to update this post last week. I wrote a letter to the USCIS office processing our case explaining what I forgot to fill out on the forum and copied the updated I-129F page. I then requested an official document from the state police since the court record was destroyed more than 10 years ago to support my claim. (It was the only option to obtain such info) I then gave the copy to my Fiancee who been informed for a while. We passed USCIS and Embassy interview with no issues, but the CO did ask her about my DUI that was on file and told her not to drink and drive. That told me the letter did make its way to the person at USCIS processing the papers.

 

They mainly want to make sure your fiance(e) is fully aware of the past convictions.

Even if your letter didn’t make it, they do a full background check on all petitioners anyway. So they knew already. 

Edited May 27, 2019 by JFH

[Unlockable 7,314]

*** Post split from old thread and merged with in this thread of the same topic by OP.

 

VJ Moderation

[Scandi 4,141]

15 hours ago, geowrian said:

Edit: To clarify, I'm not saying it will be an issue. But it may be an issue.

The I-129F as of just a couple years ago didn't even ask that question.

Yeah when we filled out our i-129f in 2015 it did indeed ask about DUIs but only if it was "3 or more". My US husband had 2 from many years ago and checked "no" on that question.

 

So the i-129f has changed for sure, small changes that can make huge differences.

[Fingercross 33]

Thanks all...I still dk wt to do next, probably will ask my fiance (Petitioner) send an email or inquiry to consulate.
And tell them once again and bring the court and police document to the interview. Just want to fix and be honest.

 

We found a background check from a job, and which the drug case was plea: NG/NC, is that fine? or my fiance have to pay the fine to waived the case?