CR1 petition with prior F1 student visa?

[Timona 3,977]

This story just doesn't add up. So he canceled US F-1 visa due to COVID but wants to go to Canada during the same COVID season? It can be easily seen that he's hiding something. 

 

Please, dig into this before you end up being hurt.

[SalishSea 16,978]

44 minutes ago, payxibka said:

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.

So no actual consequences to lying about marital status on a visa app that never led to an interview?  Why would they ever need to compare subsequent applications to it, in that case?

 

 

[SalishSea 16,978]

47 minutes ago, Timona said:

This story just doesn't add up. So he canceled US F-1 visa due to COVID but wants to go to Canada during the same COVID season? It can be easily seen that he's hiding something. 

 

Please, dig into this before you end up being hurt.

My thought was maybe the financial component was too much, and the idea was shelved after marrying a USC and having that route to a GC instead.

[payxibka 10,044]

1 minute ago, Jorgedig said:

So no actual consequences to lying about marital status on a visa app that never led to an interview?  Why would they ever need to compare subsequent applications to it, in that case?

 

 

Honestly,  I don't think they will.  

[carmel34 3,538]

Sounds like an all-too familiar case of someone willing to do anything, including lying, to get to the US.  Be very careful and take things slowly, make multiple visits to be together, do a thorough background check and ask about past relationships, before submitting an I-130 petition for this person.  Only proceed when you are absolutely sure that this is what you really want, and be prepared to move to his country if you want to be together.  Good luck!

[Rocio0010 5,577]

As some others have said, do not perpetuate the lie. It is illegal, and you’ll be in trouble trying to cover for the whole lie. Not worth it. Also, he said he wanted to start school in Canada but never did. Do you know why? This sounds fishy. The preparer “MAY” have said that he was married. WTH? Either he said it or not. I am pretty sure your bf knows what was said in the papers and is afraid of admitting it to you. Don’t go any further in the process until you are 100% sure of what was said.

[Sm1smom 246]

There’s a lot more to the story than your husband is telling you. There was no COVID-19 outbreak in the US in the summer of 2019. I remember this clearly as I have several Nigerian friends who traveled to the US as late as November 2019 as a matter of fact, corona virus wasn’t a major concern then. He didn’t attend the interview and changed his plans to go to school in Canada, but didn’t follow through. Then he claims someone filed out the DS160 form and listed him as married when he clearly wasn’t - someone planning on coming on a student visa who is unable to fill out a simple immigration form for themselves? Hmmm, smells fishy! 

[Maypenny 1]

11 hours ago, aaron2020 said:

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. 

So we can submit the document and be honest, but I can add additional information stating that he went through an agent who filled out the documents but once he found out the information submitted he withdrew because he was not comfortable with it. There could be a chance right?
 

 

11 hours ago, payxibka said:

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.

I am wondering if there is some sort of compassion for him backing out and not going through with it.

 

11 hours ago, Timona said:

This story just doesn't add up. So he canceled US F-1 visa due to COVID but wants to go to Canada during the same COVID season? It can be easily seen that he's hiding something. 

 

Please, dig into this before you end up being hurt.

He wasn't comfortable with going through with it after the lies the agent told to get him approved. Please be advised some details are NOT exact. I am not going to go into it so granularly online! I just typed Covid. Sheesh

 

11 minutes ago, ra0010 said:

As some others have said, do not perpetuate the lie. It is illegal, and you’ll be in trouble trying to cover for the whole lie. Not worth it. Also, he said he wanted to start school in Canada but never did. Do you know why? This sounds fishy. The preparer “MAY” have said that he was married. WTH? Either he said it or not. I am pretty sure your bf knows what was said in the papers and is afraid of admitting it to you. Don’t go any further in the process until you are 100% sure of what was said.

My husband wanted to start school the year AFTER he originally filed the visa and canceled which was during Covid. He asked the agent for the paperwork and he didnt have it from so far back.

[aaron2020 11,651]

A waiver is not going to be easy.  Telling the truth now doesn't get him off that easy.  Can't blame an agent.  He is ultimately responsible. 

 

He wasn't comfortable going through with it?  Okay.

 

He told you that he was afraid to come to the US in Summer 2019 because of COVID?  COVID was even a problem in China in Summer 2019.  It didn't become a thing until Dec. 2019 in China.  It didn't become a thing until Jan. 2020 in the US.  Why is he lying to you?

[Maypenny 1]

16 minutes ago, aaron2020 said:

A waiver is not going to be easy.  Telling the truth now doesn't get him off that easy.  Can't blame an agent.  He is ultimately responsible. 

 

He wasn't comfortable going through with it?  Okay

 

He told you that he was afraid to come to the US in Summer 2019 because of COVID?  COVID was even a problem in China in Summer 2019.  It didn't become a thing until Dec. 2019 in China.  It didn't become a thing until Jan. 2020 in the US.  Why is he lying to you?

OMG, he isn't lying! He applied for the student visa in 2019! I never said the interview was in 2019. The interview was the following year which was during covid. 

[Boiler 43,850]

Well apart from all the issues that do not add up, the waiver is not the real problem. What seems to happen is that the Consulate having on record that he is married ask for evidence the marriage has been terminated and the case then sits.

[retheem 553]

18 hours 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.
 

No effect

[Timona 3,977]

2 hours ago, Maypenny said:

He wasn't comfortable with going through with it after the lies the agent told to get him approved. Please be advised some details are NOT exact. I am not going to go into it so granularly online! I just typed Covid. Sheesh

 

Calm your embers. We are merey helping you. We have seen this story many times here. Why not look around and read for yourself?

How old are you guys, if you do not mind me asking?

Are you both Nigerians?

 

Edited April 6, 2021 by Timona

[SalishSea 16,978]

3 hours ago, Maypenny said:

So we can submit the document and be honest, but I can add additional information stating that he went through an agent who filled out the documents but once he found out the information submitted he withdrew because he was not comfortable with it. There could be a chance right?
 

Doesn't matter who 'prepares' an application.....the applicant signs it and is 100% responsible for the contents.

[SalishSea 16,978]

1 hour ago, retheem said:

No effect

"No effect" would be correct for most, but have you read the entire thread?