Will I be denied?

[pleasehelpir1hope 3]

I have received a IR1 visa in the past several years ago through the my U.S.C. spouse. I never moved to the U.S. instead we stayed overseas. Finally we have applied again. However I just noticed that I missed a part-time employment in the previous DS260. I plan to include this part time employment in my current DS260. Would my current visa application be denied? If it helps, I do remember mentioning it in the I-130a but somehow missed it in the DS260.

Edited May 2, 2020 by pleasehelpir1hope

[Just Paul 4,595]

You can update the DS260 at the interview.

[pleasehelpir1hope 3]

20 minutes ago, Paul & Mary said:

You can update the DS260 at the interview.

I am asking about the information on my previous DS260 from several years ago. Updating DS260 works if you missed something in the current DS260. Any advice?

[onek 306]

31 minutes ago, pleasehelpir1hope said:

I am asking about the information on my previous DS260 from several years ago. Updating DS260 works if you missed something in the current DS260. Any advice?

Complete the latest DS-260 accurately regardless of how the previous one was done. If asked, provide explanation on why it wasn’t included previously. It’s not something that they will deny you on for telling the truth about employment. 

[pushbrk 13,033]

1 hour ago, onek said:

Complete the latest DS-260 accurately regardless of how the previous one was done. If asked, provide explanation on why it wasn’t included previously. It’s not something that they will deny you on for telling the truth about employment. 

Correct. It's a misrepresentation but unless both material and intentional, it won't matter.  If it was really "several years ago" meaning more than 5 years ago, there would be no overlap in the history, so no inconsistency.  Either way, tell the truth now and if ever asked about tell the truth in your explanation.  Do not "explain" unless asked.

Edited May 2, 2020 by pushbrk

[pleasehelpir1hope 3]

4 hours ago, onek said:

Complete the latest DS-260 accurately regardless of how the previous one was done. If asked, provide explanation on why it wasn’t included previously. It’s not something that they will deny you on for telling the truth about employment. 

 

2 hours ago, pushbrk said:

Correct. It's a misrepresentation but unless both material and intentional, it won't matter.  If it was really "several years ago" meaning more than 5 years ago, there would be no overlap in the history, so no inconsistency.  Either way, tell the truth now and if ever asked about tell the truth in your explanation.  Do not "explain" unless asked.

Thanks that’s what I plan to do and hope everything will turn out ok. I’m so stressed.

1) Have we ever seen such a case here on VJ, did they have any issues?

 

2) Also, in case my visa is denied, is there a way to appeal the decision? Will I be permanently banned from the U.S.?
 

3) @pushbrk - I think it would still be within last five years but barely. how do I know if this omission was material? (Certainly not willful since I provided the same info in the I-130a?) Should I contact an attorney? Are you an attorney?

 

thanks

Edited May 2, 2020 by pleasehelpir1hope

[pleasehelpir1hope 3]

Another question would be can the consulate deny for the mismatch in DS260 if that is about an information that USCIS already had, reviewed and approved (in I-130a)?

[pleasehelpir1hope 3]

@Ryan H any comments?

[pleasehelpir1hope 3]

@Boiler @Penguin_ie @Ontarkie @arken @JFH @millefleur @geowrian @Jorgedig @Villanelle - Can you folks please weigh in? Thanks

[carmel34 3,650]

7 hours ago, pleasehelpir1hope said:

Would my current visa application be denied?

If you're worried about a denial, it would be likely for other reasons, not something so minor like an inaccurate employment history.  Denials for spousal visas are typically because of big items like a lack of bona fide marriage evidence (unlikely in your case since you have been married for so long), financial issues such as insufficient US-based income for the primary sponsor or co-sponsor, or insufficient evidence of US domicile or intent to re-establish US domicile for the petitioner.  Sometimes we see inadmissability issues for the beneficiary as well, like previous US visa denials, bars for previous visa overstays, criminal records, etc.  And usually it is not an outright denial, but the visa is not approved until more documentation is submitted.  If the visa is denied, the decision can be appealed, although that process can take a year or more.  Each case is unique, all you can do is apply, provide accurate and thorough evidence, and be honest at the eventual visa interview abroad.  Are you concerned about any other issues related to your case, in addition to the inaccurate employment history?  Good luck!

Edited May 2, 2020 by carmel34

[pleasehelpir1hope 3]

30 minutes ago, carmel34 said:

If you're worried about a denial, it would be likely for other reasons, not something so minor like an inaccurate employment history.  Denials for spousal visas are typically because of big items like a lack of bona fide marriage evidence (unlikely in your case since you have been married for so long), financial issues such as insufficient US-based income for the primary sponsor or co-sponsor, or insufficient evidence of US domicile or intent to re-establish US domicile for the petitioner.  Sometimes we see inadmissability issues for the beneficiary as well, like previous US visa denials, bars for previous visa overstays, criminal records, etc.  And usually it is not an outright denial, but the visa is not approved until more documentation is submitted.  If the visa is denied, the decision can be appealed, although that process can take a year or more.  Each case is unique, all you can do is apply, provide accurate and thorough evidence, and be honest at the eventual visa interview abroad.  Are you concerned about any other issues related to your case, in addition to the inaccurate employment history?  Good luck!

Thanks! No, I am just worried about the missed part time employment on DS260. My spouse and I have been married for several years and have tones of proof of bonafide marriage so not worried about that at all. Just the possibility of a missed part time job making me inadmissible for life and my visa being denied is really messing with my head.

[Nitas_man 3,100]

4 hours ago, pleasehelpir1hope said:

 

Thanks that’s what I plan to do and hope everything will turn out ok. I’m so stressed.

1) Have we ever seen such a case here on VJ, did they have any issues?

 

2) Also, in case my visa is denied, is there a way to appeal the decision? Will I be permanently banned from the U.S.?
 

3) @pushbrk - I think it would still be within last five years but barely. how do I know if this omission was material? (Certainly not willful since I provided the same info in the I-130a?) Should I contact an attorney? Are you an attorney?

 

thanks

It isn’t material unless the job involves activity that would make you inadmissible and would affect the outcome of the approval decision.    
 

Some cool possibilities:  

 

Drug delivery.  Pimp.  Hooker.  Transporting trafficked workers.  Mob collector.  Laundering money.  

 

Just add it and if asked explain that it was a part time gig and you previously but inadvertently overlooked it.

 

 

Edited May 2, 2020 by Nitas_man

[Nitas_man 3,100]

1 hour ago, pleasehelpir1hope said:

Thanks! No, I am just worried about the missed part time employment on DS260. My spouse and I have been married for several years and have tones of proof of bonafide marriage so not worried about that at all. Just the possibility of a missed part time job making me inadmissible for life and my visa being denied is really messing with my head.

It is messing with your head.  Relax, you’ll be fine 

[geowrian 22,338]

Agree with pretty much all of the above - just fix the mistake at the soonest possibility and I'm highly doubtful it will be an issue. This is very likely immaterial to your eligibility for the visa.

[Nitas_man 3,100]

?If it WAS one of the cool jobs we’re bored and would be highly entertained by hearing some of the details?