Incorrect information given on past DS-160 - how to address?

[FlyingCircus 5]

Hello VJ members,

 

I'm the USC and have submitted the I-130 for my spouse who is outside of the US. Among the various pieces of information in the package, I listed our engagement date.

 

Recently it came to my attention that the last time my spouse renewed their B visa (which was after we had already been engaged for some time), they listed me on the DS-160 application as a "friend". It seems that their putting "friend" was based on thinking that you were only supposed to put "fiancé(e)" if the application was for a fiancé(e) visa. Nevertheless, I believe this was a misrepresentation of fact (although hopefully not considered willful or material).

 

The B visa was granted and no questions about me as a "friend" ever came up with the Consulate. I asked whether this had ever come up with CBP during visits with the B visa and it sounds like the usual question was whether they were visiting friends or family, to which my then-fiancé(e) would respond "friends". Once, when asked for more details, they described me as the fiancé(e) and had no issues.

 

We did not, and never intended to, get married on that B visa. My spouse later obtained a K1 visa which we did get use to get married, but not to adjust status. In the K1 petition, I noted the same engagement date as I now have with the I-130.

 

While we wait for the I-130 process, we also want to apply for a new B visa for my spouse to be able to visit the US. It was while working on a new DS-160 form that the discrepancy I am describing came to light.

 

My question now is:

 

Could this discrepancy (me being listed as a "friend" on a previous DS-160 despite indicating in later petitions that we were already engaged at the time) come up during the process for the CR-1 visa, whether at the USCIS, NVC, or Consulate interview stage? If so, how should we address it?

 

While it's probably a non-issue, this has me feeling slightly anxious.

 

PS: I am aware that it is going to be difficult to get a B visa now that we are married, so if possible please focus on my main question rather than that detail. Thanks!

 

[Boiler 45,525]

So this was in answer to who was paying for the trip?

[FlyingCircus 5]

9 minutes ago, Boiler said:

So this was in answer to who was paying for the trip?

No, it was for the U.S. Contact (Contact Person Name in the U.S. / Relationship to You).

 

Edit: now that I look at the categories in the dropdown menu I see "RELATIVE/SPOUSE/FRIEND/BUSINESS ASSOCIATE/EMPLOYER/SCHOOL OFFICIAL/OTHER" as the options, so I guess technically "other" was the most appropriate choice, although that makes it seem like less of an issue now.

Edited December 16, 2020 by FlyingCircus

[pushbrk 12,897]

4 hours ago, FlyingCircus said:

No, it was for the U.S. Contact (Contact Person Name in the U.S. / Relationship to You).

 

Edit: now that I look at the categories in the dropdown menu I see "RELATIVE/SPOUSE/FRIEND/BUSINESS ASSOCIATE/EMPLOYER/SCHOOL OFFICIAL/OTHER" as the options, so I guess technically "other" was the most appropriate choice, although that makes it seem like less of an issue now.

Most likely not an issue as long as the visa was not abused.  You did not need a fiance visa to get married.  The K1 visa is for marriage with the intent to stay and adjust status.

 

Your big issue, as you know is getting another B visa.  Probably not going to happen.  Attempting it will increase the likelihood the mistake on the previous application will be a part of any B visa interview, and again in the spouse visa interview.  Best to let sleeping dogs lie, in my opinion.

 

[FlyingCircus 5]

1 hour ago, pushbrk said:

Most likely not an issue as long as the visa was not abused.  You did not need a fiance visa to get married.  The K1 visa is for marriage with the intent to stay and adjust status.

 

Your big issue, as you know is getting another B visa.  Probably not going to happen.  Attempting it will increase the likelihood the mistake on the previous application will be a part of any B visa interview, and again in the spouse visa interview.  Best to let sleeping dogs lie, in my opinion.

 

Yes, originally we were going to use the K1 for its intended purpose (staying and adjusting status) but plans changed.

 

Thank you for your opinion. I am still on the fence about attempting the B visa and will continue to think about it.

[carmel34 3,633]

It's a personal choice, all you can do is try for a B2 visa and see what happens.  It will either get approved or denied, you won't know until your spouse applies and goes to the interview.  Having a spouse in the US who is a USC makes it more difficult to overcome the assumed immigrant intent.  In our case, my husband didn't bother trying for a B2 while we had an active spousal visa petition in process as it seemed unlikely to be approved, so I just went to visit him every couple of months instead.  Good luck!

[FlyingCircus 5]

9 minutes ago, carmel34 said:

It's a personal choice, all you can do is try for a B2 visa and see what happens.  It will either get approved or denied, you won't know until your spouse applies and goes to the interview.  Having a spouse in the US who is a USC makes it more difficult to overcome the assumed immigrant intent.  In our case, my husband didn't bother trying for a B2 while we had an active spousal visa petition in process as it seemed unlikely to be approved, so I just went to visit him every couple of months instead.  Good luck!

Thanks, I meant that I'm on the fence more because of the idea that applying for the B2 could make it more likely for the previous error on the DS-160 to be questioned, as pushbrk mentioned.

[FlyingCircus 5]

As an update, I am interested in consulting a lawyer in order to have an additional perspective on this question.

 

If anyone has a recommendation for any lawyer(s) with experience with this type of issue (i.e. possible misrepresentation on a visa application), please send me a private message with their contact information.