In Nov 2011 I invited my fiance to US on a tourist visa, CO officer that time suggested file the petition and she got a denial. At that time we were not ready to get married so we did not file.
Next year we were not sure about relationship and what we should do next and we took a break, I wish this was the whole story. She wanted to come to us for a couple of month on a F-1 in 2013, and I was ok to sponsor her, she was supposed not no live with me, again a denial it was Feb 2013, CO asked about relationship and seems like was not ok with it got 214(b). Later that year I went back to my country we got back together, we did not apply for any other visas. In Aug, 2015 be got married and filled the petition, waiting for the CR1 interview date now. Is it the case for them to find it as misrepresentation?
Your case is not a simple, straightforward CR1 Spouse visa application. You really should consider meeting with an experienced US immigration attorney to fully review your case and to prepare you for the upcoming interview.
There is some likelihood that the Consul could believe there was a misrepresentation in the previous filings.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Unless you made demonstrably false statements, there is no misrepresentation.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Because there are a lot of issues here, consult an attorney. Bring your notices as well so they can see what the govt put in writing as to the rejections. Good luck!
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