CR1 petition with prior F1 student visa?

[Maypenny 1]

My husband applied for a student visa in Summer of 2019. He received an admissions letter from the university here in the US and received an interview from the embassy but decided NOT to go through with it as Corona has started. He says he cancelled on the embassy website and did not attend the interview and was planning on doing the schooling in Canada but never started it.

 

I'm not sure if he closed or cancelled this US petition properly. I am now scared to submit our CR1 petition...
Will this hurt or complicate our chances? I am panicking now.
 

[payxibka 10,045]

2 minutes ago, Maypenny said:

My husband applied for a student visa in Summer of 2019. He received an admissions letter from the university here in the US and received an interview from the embassy but decided NOT to go through with it as Corona has started. He says he cancelled on the embassy website and did not attend the interview and was planning on doing the schooling in Canada but never started it.

 

I'm not sure if he closed or cancelled this US petition properly. I am now scared to submit our CR1 petition...
Will this hurt or complicate our chances? I am panicking now.
 

Zero effect 

[Timona 4,207]

Independent process. They are adjudicated independently..

[Maypenny 1]

10 minutes ago, payxibka said:

Zero effect 

 

9 minutes ago, Timona said:

Independent process. They are adjudicated independently..

Even if that student petition may still be open?  He paid the fee and has the receipt and everything.

 

Now he is saying the person who "helped" him do the documents for this visa may have said he was currently married in order to get it approved. WTH does that mean he can't come here to USA if that wasn't true???

 

I am looking and on our CR1 we answered that he was never married before but if there exists an imaginary spouse on an old visa petition then what? I'm losing my mind with worry now... =(

[payxibka 10,045]

1 minute ago, Maypenny said:

 

Even if that student petition may still be open?  He paid the fee and has the receipt and everything.

 

Now he is saying the person who "helped" him do the documents for this visa may have said he was currently married in order to get it approved. WTH does that mean he can't come here to USA if that wasn't true???

 

I am looking and on our CR1 we answered that he was never married before but if there exists an imaginary spouse on an old visa petition then what? I'm losing my mind with worry now... =(

He never interviewed for the visa,  it may not have an effect.   However,  if the review the application and notice that discrepancy,  they will likely request a document terminating that marriage.   

[Maypenny 1]

11 minutes ago, payxibka said:

He never interviewed for the visa,  it may not have an effect.   However,  if the review the application and notice that discrepancy,  they will likely request a document terminating that marriage.   

So should we say he was married before or no? I still havent submitted the I-130a.

 

Now I know why attorneys charge so much. This is complicated! But we really dont have the budget for an attorney at this time. 😟

Edited April 5, 2021 by Maypenny

[Timona 4,207]

3 minutes ago, Maypenny said:

 

Even if that student petition may still be open?  He paid the fee and has the receipt and everything.

 

Now he is saying the person who "helped" him do the documents for this visa may have said he was currently married in order to get it approved. WTH does that mean he can't come here to USA if that wasn't true???

 

This never ends🤦🏽‍♂️. Kenyans/ Nigerians do this all the time. So my best advice is quiz him thoroughly AND do your OWN investigation before he gets here, gets his GC, then gets his citizenship, dumps you and petitions for the real wife and kids. There are many links in VJ that carry this story. Only difference is that you haven't got far enough to regret. Infact, there was one last week.

 

Anyway, you need to find out if he ACTUALLY went to the F-1 interview and was denied for any reason because if that's the case, then he knowingly showed up infront of IO and carried this "marriage" lie. Knowing how Kenyans/ Nigerians would jump at the opportunity of coming to the US, I doubt "Corona" stopped him. I tend to think that (1) he attended the interview and was denied or (2) before attending the interview, he found out that once he gets to the US on F-1 with a marriage claim, he cannot marry here, divorce, then remarry original wife without raising eyebrows. As such, he stopped the application and you're his re-calculation plan. 

 

I would really be careful with this one. Do your due diligence. We don't want to see you on VJ 1 year later, lamenting and crying.

 

I am looking and on our CR1 we answered that he was never married before but if there exists an imaginary spouse on an old visa petition then what? I'm losing my mind with worry now... =(

 

14 minutes ago, payxibka said:

He never interviewed for the visa,  it may not have an effect.   However,  if the review the application and notice that discrepancy,  they will likely request a document terminating that marriage.   

 

Agreed

[payxibka 10,045]

4 minutes ago, Maypenny said:

So should we say he was married before or no? I still havent submitted the I-130a.

 

Now I know why attorneys charge so much. This is complicated! But we really dont have the budget for an attorney at this time. 😟

Answer the truth,  don't perpetuate a lie.  If you answer that there was a prior marriage,  how would you ever document its termination?

[aaron2020 11,651]

2 hours ago, Maypenny said:

 

Even if that student petition may still be open?  He paid the fee and has the receipt and everything.

 

Now he is saying the person who "helped" him do the documents for this visa may have said he was currently married in order to get it approved. WTH does that mean he can't come here to USA if that wasn't true???

 

I am looking and on our CR1 we answered that he was never married before but if there exists an imaginary spouse on an old visa petition then what? I'm losing my mind with worry now... =(

Yes, this means he can never come to the US.

 

This is such a common ruse that backfires every single time.

The DS-160 non-immigrant visa application is on file.  It doesn't matter that he never had an interview.  It's was submitted and on file.  It doesn't matter that someone "helped" him.  He is responsible.  

The US Embassy will want a divorce decree from his non-existant marriage.  This will be impossible for him to obtain since the marriage never existed.

SO MANY people from Nigeria have come on VJ with this problem over the many years that I have been on VJ.  (At least once a month.). None of them have ever come  back to tell us they have successfully overcome this problem.  

[aaron2020 11,651]

2 hours ago, Maypenny said:

So should we say he was married before or no? I still havent submitted the I-130a.

 

Now I know why attorneys charge so much. This is complicated! But we really dont have the budget for an attorney at this time. 😟

You submit these petitions under penalty of law.  So, you need to provide the truth.

How are you going to provide a divorce decree from a marriage that doesn't exist?

Sorry to be blunt.  If you want to be with him, then you're going to have to move to Nigeria.  No way is he overcoming this problem.  Sorry.

[SalishSea 17,928]

4 hours ago, Maypenny said:

 

Even if that student petition may still be open?  He paid the fee and has the receipt and everything.

 

Now he is saying the person who "helped" him do the documents for this visa may have said he was currently married in order to get it approved. WTH does that mean he can't come here to USA if that wasn't true???

 

I am looking and on our CR1 we answered that he was never married before but if there exists an imaginary spouse on an old visa petition then what? I'm losing my mind with worry now... =(

This could be problematic.  Lying about marital status on nonimmigrant US visa applications happens fairly often in certain countries.

[SalishSea 17,928]

3 hours ago, Maypenny said:

So should we say he was married before or no?

God, why???   Why make it worse with lie upon lie?

 

You MUST tell the truth on all forms related to US immigration.  

[SalishSea 17,928]

3 hours ago, Maypenny said:

Now I know why attorneys charge so much. This is complicated! But we really dont have the budget for an attorney at this time. 

An attorney cannot do anything when there is a material misrepresentation.  The law is what it is.

[aaron2020 11,651]

42 minutes ago, Jorgedig said:

An attorney cannot do anything when there is a material misrepresentation.  The law is what it is.

There's a waiver for making a material misrepresentation.

Unfortunately, no one who lied about being married for a visa and then subsequently tried for a K-1 or CR-1 visa has ever come back to report how or if they solved their problem. 

[payxibka 10,045]

For a finding of material misrepresentation,  the misrepresentation must have been used by the consulate officer in the determination of the decision on a visa.   

 

He did not get to that stage.  If he never interviewed,  he never took an oath as to the accuracy of the ds160.

Edited April 6, 2021 by payxibka