Mistake on previous visa application = material misrep.?

[IrinaW 0]

Hello,

I am new to this forum, so forgive me if my post is a little chaotic.

I met my fiancé on J1 visa 2 years ago. J1 had 2 year home residency requirement, so I had to live back to Kazakhstan by completion of program. My then-boyfriend (USC) visited me in Kazakhstan and proposed me. Taking into account my unfulfilled 2 year home residency, we decided to put off the wedding until it is done and until we both finish our education. After he left Kazakhstan, I found I won a very competitive fellowship for graduate degree. So, I accepted it and applied for F1 visa. I did not have anything like wedding and AOS at that moment (I knew I had to go back home and fulfill my 1 remaining year of residency requirement). In the application for F1 I did not check Yes to immediate relative box, which included fiancé too. I did that because I thought, we're not going to get married anytime soon, probably next year or even later, no wedding plans, so why would I jeopardize my studying.

Now I blame myself so much for that, I am f1 student now, but after this year I will come back to Kazakhstan again and probably apply for K1. What if at the interview I will be asked of the engagement date... I am so nervous that this will be considered material misrep. Anyone more experienced on this matter could help me?? I will appreciate any advice!

[Harpa Timsah 13,263]

Oh, I read it wrong...

Were you asked if you had a bf in the US or about this person in any way, and what did you say?

Edited August 29, 2013 by Harpa Timsah

[IrinaW 0]

No, I was not asked anything about boyfriend, I was not even asked whether I know anyone in US. SO I did not lie to CO. Only the application issue.

[IrinaW 0]

Please, somebody help us.. I am really worried about this.

[Sasha&David 0]

just tell the truth and then you never have to worry about hiding anything. Answer only the question that are ask. I would not volunteer any information.

[VanessaTony 3,567]

My then-boyfriend (USC) visited me in Kazakhstan and proposed me. Taking into account my unfulfilled 2 year home residency, we decided to put off the wedding until it is done and until we both finish our education.

After he left Kazakhstan, I found I won a very competitive fellowship for graduate degree. So, I accepted it and applied for F1 visa. I did not have anything like wedding and AOS at that moment (I knew I had to go back home and fulfill my 1 remaining year of residency requirement). In the application for F1 I did not check Yes to immediate relative box, which included fiancé too. I did that because I thought, we're not going to get married anytime soon, probably next year or even later, no wedding plans, so why would I jeopardize my studying.

Now I blame myself so much for that, I am f1 student now, but after this year I will come back to Kazakhstan again and probably apply for K1. What if at the interview I will be asked of the engagement date... I am so nervous that this will be considered material misrep. Anyone more experienced on this matter could help me?? I will appreciate any advice!

If the immediate relative box included the option for fiance then you should have ticked yes. You KNEW this and decided it wasn't worth risking your visa. Therefore it wasn't an accident and you deliberately lied so that you stood a better chance of getting the visa. This is the exact definition of a material misrepresentation. You deliberately misrepresented a material fact (your engagement) in order to secure a visa. It's material in that, as you assumed, it MAY have resulted in the denial of the visa if they knew.

So what you actually need to know is will this material misrepresentation result in the denial of a K1/CR-1 visa in the future. The answer is it might, we don't know for sure. I wouldn't think it would because you will be leaving the US and not attempting to AOS from the F1 visa, but there's no guarantee because you DID lie on a visa application. And one lie tends to indicate that you don't care about lying about other things so you might have issues there too.

Good luck.

[IrinaW 0]

I know what I did was wrong, and from what you could probably see I regret this and I am already paying for it.

I am wondering if this situation is mitigated by my intention on not staying in US and filing AOS, but rather come back home and start K1. In addition, we did not have wedding date set, and despite that we promised to get married long time ago, we decided to put it off until later date (couple years). That was the reason why I did not check "yes" in fiancé box.

[VanessaTony 3,567]

I know what I did was wrong, and from what you could probably see I regret this and I am already paying for it.

I am wondering if this situation is mitigated by my intention on not staying in US and filing AOS, but rather come back home and start K1. In addition, we did not have wedding date set, and despite that we promised to get married long time ago, we decided to put it off until later date (couple years). That was the reason why I did not check "yes" in fiancé box.

That's the big question... will it matter that your fraud was simply to study and not to AOS... probably not. You still gained a benefit from your lie... and that's the problem, not the fact you didn't AOS. Of course it would have been a bigger problem if you HAD AOS'd based off the F1 and the lie but thankfully you didn't.

The simple fact is, he was/is your fiance, date set or not and you knew that when you ticked the box. My sister was engaged for several years, didn't make her any less engaged because the date wasn't set. You already said you did it knowingly and honestly unless you weren't actually engaged, they don't care about the "why".

I wish I could tell you (or anyone could) for 100% certainty that it doesn't matter, that it will be okay but I don't know that, and you won't know that until you file. Personally I would file and hope for the best. If you're denied and need to file a waiver, then do that. Cross the bridges if/when you get to them. No point in panicking about something you don't know for sure is necessary to panic about.

**Edit - I know you regret it, especially in light of how you may have been perfectly fine without having lied.. but you will face the consequences and hopefully it will all be okay in the end.

Edited September 4, 2013 by VanessaTony

[CaizLurol 36]

Now don't you think you're being a little too harsh on the OP?

That's the big question... will it matter that your fraud was simply to study and not to AOS... probably not. You still gained a benefit from your lie... and that's the problem, not the fact you didn't AOS. Of course it would have been a bigger problem if you HAD AOS'd based off the F1 and the lie but thankfully you didn't.

The simple fact is, he was/is your fiance, date set or not and you knew that when you ticked the box. My sister was engaged for several years, didn't make her any less engaged because the date wasn't set. You already said you did it knowingly and honestly unless you weren't actually engaged, they don't care about the "why".

I wish I could tell you (or anyone could) for 100% certainty that it doesn't matter, that it will be okay but I don't know that, and you won't know that until you file. Personally I would file and hope for the best. If you're denied and need to file a waiver, then do that. Cross the bridges if/when you get to them. No point in panicking about something you don't know for sure is necessary to panic about.

**Edit - I know you regret it, especially in light of how you may have been perfectly fine without having lied.. but you will face the consequences and hopefully it will all be okay in the end.

Now, don't you think you are being just a "little" too harsh on the OP?

Hello,

I am new to this forum, so forgive me if my post is a little chaotic.

I met my fiancé on J1 visa 2 years ago. J1 had 2 year home residency requirement, so I had to live back to Kazakhstan by completion of program. My then-boyfriend (USC) visited me in Kazakhstan and proposed me. Taking into account my unfulfilled 2 year home residency, we decided to put off the wedding until it is done and until we both finish our education. After he left Kazakhstan, I found I won a very competitive fellowship for graduate degree. So, I accepted it and applied for F1 visa. I did not have anything like wedding and AOS at that moment (I knew I had to go back home and fulfill my 1 remaining year of residency requirement). In the application for F1 I did not check Yes to immediate relative box, which included fiancé too. I did that because I thought, we're not going to get married anytime soon, probably next year or even later, no wedding plans, so why would I jeopardize my studying.

Now I blame myself so much for that, I am f1 student now, but after this year I will come back to Kazakhstan again and probably apply for K1. What if at the interview I will be asked of the engagement date... I am so nervous that this will be considered material misrep. Anyone more experienced on this matter could help me?? I will appreciate any advice!

Ask a lawyer. There are many attorneys who can give you free advice over the phone - especially on your case.

[VanessaTony 3,567]

Now, don't you think you are being just a "little" too harsh on the OP?

Ask a lawyer. There are many attorneys who can give you free advice over the phone - especially on your case.

Nope. I told the truth and sometimes the truth isn't nice. I didn't say anything derogatory towards her but neither did I sit here saying "You poor love" and placate her. She asked a question, I answered it truthfully... which is the purpose of this site.

You have only been on these forums for just over a month. If you believe this post is harsh you better start building a thicker skin because my post is almost heart-warming compared to some you see, not to mention what some people go through with USCIS.

Also, I suggest you familiarise yourself with the TOS. You are more than welcome to hit the report button if you believe I crossed the TOS in any way. Also, "calling me out" as harsh is detrimental to the OP. If you believe my advice is wrong, of course that's one thing, but if you're simply saying I'm mean, keep it to yourself or PM the OP and tell her to ignore me because I'm a big fat meanie. It detracts from the issue at hand to have bickering like this back and forth.

Best of luck with your journey, and yes, the OP should speak to several attorneys but also be wary of any promising the world. Personally I'd just file and see what happens, and hire an attorney if/when needed.

[stevie b 141]

Nope. I told the truth and sometimes the truth isn't nice. I didn't say anything derogatory towards her but neither did I sit here saying "You poor love" and placate her. She asked a question, I answered it truthfully... which is the purpose of this site.

You have only been on these forums for just over a month. If you believe this post is harsh you better start building a thicker skin because my post is almost heart-warming compared to some you see, not to mention what some people go through with USCIS.

Also, I suggest you familiarise yourself with the TOS. You are more than welcome to hit the report button if you believe I crossed the TOS in any way. Also, "calling me out" as harsh is detrimental to the OP. If you believe my advice is wrong, of course that's one thing, but if you're simply saying I'm mean, keep it to yourself or PM the OP and tell her to ignore me because I'm a big fat meanie. It detracts from the issue at hand to have bickering like this back and forth.

Best of luck with your journey, and yes, the OP should speak to several attorneys but also be wary of any promising the world. Personally I'd just file and see what happens, and hire an attorney if/when needed.

[stevie b 141]

Now don't you think you're being a little too harsh on the OP?

on this site there will be a lot of direct and hard to hear responses which.. are mostly accurate. some people, like yourself think this is rude or harsh, but it is not. this is not a forum that one will walk on marshmallow covered jellybeans to deliver a response to a difficult situation.

OP- I totally agree with VT on hoping it goes well, but facing the realities of the situation

[IrinaW 0]

I think you misunderstand the situation a little bit. I do not even know if we were engaged or not. After he proposed, and I said yes, we started prepare the wedding. We argued a lot and almost broke up. He said, maybe we should not get married so soon, let's wait, we're not ready. It was a heartbreak, but continued dating, I came to US. Now when I ask what we are going to do when I leave, he says "Probably K-1". So I do not even know if we are still engaged, or were engaged after we called it off.

Also, we have a different definition for "fiance". In our culture, he becomes your fiance (zhenih) shortly before the wedding, like when you've bought rings and wedding dress, had bachelor's party and all ready to be husband and wife in a week, or month at most, and not simply after you say "yes" to his proposal. I realize it is different for American people. So I did not even realize I was lying, at the time of application. If I was

And thank you guys for your help and advice, you are very appreciated. And sorry for some unnecessary details. Just want you to know the full picture and see what you think.

[stevie b 141]

I think you misunderstand the situation a little bit. I do not even know if we were engaged or not. After he proposed, and I said yes, we started prepare the wedding. We argued a lot and almost broke up. He said, maybe we should not get married so soon, let's wait, we're not ready. It was a heartbreak, but continued dating, I came to US. Now when I ask what we are going to do when I leave, he says "Probably K-1". So I do not even know if we are still engaged, or were engaged after we called it off.

Also, we have a different definition for "fiance". In our culture, he becomes your fiance (zhenih) shortly before the wedding, like when you've bought rings and wedding dress, had bachelor's party and all ready to be husband and wife in a week, or month at most, and not simply after you say "yes" to his proposal. I realize it is different for American people. So I did not even realize I was lying, at the time of application. If I was

And thank you guys for your help and advice, you are very appreciated. And sorry for some unnecessary details. Just want you to know the full picture and see what you think.

it would appear to me then, by cultural definition, you were not engaged and something you can speak to

[IrinaW 0]

Yeah, it appeared to me that way too. But the VO will most likely be American, not kazakh.