Mistake on previous visa application = material misrep.?

[stevie b 141]

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

well that is true, but you filled out said document in question and it is your definition of what they are asking that counts... if that is how your culture is with a definition of a fiancée, that is what counts.. there is no US dictionary they will reference

[IrinaW 0]

Thank you, I feel better now) Like not such a terrible liar.

[VanessaTony 3,567]

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.

Well, this is a contradiction to what you stated in the OP...

Only you know your intent and your situation when you ticked that box. USCIS will determine the intent they actually believe, not necessarily in the face of what you say. If you tell them that he asked you to marry him on that date before the F1 and they ask about it, the officers that interview for K1 are aware of specific countries cultures (that you're interviewing in) so will know if you are telling the truth or not about the "fiance/not fiance" situation.

It personally sounds to me to be exactly like you stated in the OP, that you didn't want to jeopardise your student visa and deliberately didn't tick yes to engaged BUT if you read that question and thought of your culture and how you HAD been engaged and about to marry but had since called off the wedding, but not the relationship... it's plausible that you believed you weren't engaged. And given you didn't AOS... I think it works better in your favour.

I stand by my previous advice about filing and crossing whatever bridge you need to when/if you get to it. You can ask an attorney but they can't really help too much until you know where you stand. Which is why I would save money for an attorney if needed, but hope for the best.

[IrinaW 0]

Thank you. I gave it a thought when I filled the application, and, honestly, I wasn't even sure if I would call him my fiance, or just a boyfriend. It just seemed to me like he proposed, and then took his proposal back (I know sounds silly, but this is how it seemed to me). I am more worried of how I am going to explain this whole situation when the time comes. Should I give this kind of details? If I do, and explain how it happened, VO might think I am just making it up to assure him I did not lie. And if I do not explain, VO will just think that I lied on F1 application.

Also, maybe should we marry (if we decide so) in my home country, and apply for Cr-1? It seems to me like slightly better solution, because this way I am more likely to be asked questions about wedding, rather than engagement. Just a thought. Correct me if I am wrong.

[baron555 934]

A fiancé is not an immediate relative.

[IrinaW 0]

Also, I am very grateful to you guys, who replied my post and gave it a thought. It makes it so much better to know that somebody gives me support.

[duraaraa 203]

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

Cut off the engagement. Then, have him propose again. New engagement date.

It's just a technicality.

[Ivy. 113]

A fiancé is not an immediate relative.

It is if the form says so. My B-1/B-2 visa application also said a fiancee should be considered immediate relative.

[IrinaW 0]

Just a quick update: I spoke to 2 immigration attorneys, and both said that I should not have problems with my case as I did not get married during my visit, did not try to adjust or circumvent the law.

[VanessaTony 3,567]

Just a quick update: I spoke to 2 immigration attorneys, and both said that I should not have problems with my case as I did not get married during my visit, did not try to adjust or circumvent the law.

I hope for your sake they're right

Best of luck

[IrinaW 0]

I hope for your sake they're right

Best of luck

Thanks! I appreciate your input!