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  • F1 category need help urgently

    Hi all,
    My case has a lot of twist and turns and I really need you opinion as to what to do.

    My dad is a us citizen and he filed for me in 2012 as an unmarried daughter over 21.
    I was with my bf since 2011 he migrated to Canada Jan 2013 my mom and brother (16yr old) migrated to US July 2013.

    I was devastated, depressed, ALONE. So I applied for my canadian visa (april 2014) and went to see my bf I spent a weekend up to this day I have not spent over a month in Canada at anyone time and over all I probably only spent 3 months in total. Anyways my bf started filing for me after
    His first year there. I went up in December(2014). We got married that month but he insisted I go back to my home country saying I should wait til everything is finished.i crossed the border with my mom and brother and spend 5 months here. During that time my dad receive a letter requesting more evidence as my I 130 was almost finished being reviewed. We sent the documents and it was approved. I went back home got a new job while waiting for my now husbands filing I received my canadian immigration visa December 2015 I landed march 2016 as he told me he needed time to save and move out of his aunts house. Again I spent a weekend there before heading back home. I gave him til August 2016. When I got there I spent 1 month exactly he was still where I left him our relationship of 6 years was at its last thread on the rope. I saw it then someone who truly loved u couldn't possibly put you through all this. There was no relationship. I beg for my job back and went home. I told him it wasn't working and got back home September 2016 havent been back since. I filed for divorce January 2018 and I'm now waiting for the judge to sign off and the 31 days to confirm the divorce.
    The problem: in visiting my mom in the US I had to get the affidavit signed by a notary public ( a lawyer) who told me I should have declared my marriage from 2014 and the onus was on me. I didn't know that. My intention was to hand over the divorce paper once the PD became current and they asked for my documents. I genuinely did not know I should have declared the marriage FIRST. I didn't think it mattered that much. Now I'm freaking out. I don't want to go to Canada. My PD isn't current yet. Do you think i stand a chance or will they just shut me down now? What should I do?

  • #2
    Originally posted by ROXY1959 View Post
    Hi all,
    My case has a lot of twist and turns and I really need you opinion as to what to do.

    My dad is a us citizen and he filed for me in 2012 as an unmarried daughter over 21.
    I was with my bf since 2011 he migrated to Canada Jan 2013 my mom and brother (16yr old) migrated to US July 2013.

    I was devastated, depressed, ALONE. So I applied for my canadian visa (april 2014) and went to see my bf I spent a weekend up to this day I have not spent over a month in Canada at anyone time and over all I probably only spent 3 months in total. Anyways my bf started filing for me after
    His first year there. I went up in December(2014). We got married that month but he insisted I go back to my home country saying I should wait til everything is finished.i crossed the border with my mom and brother and spend 5 months here. During that time my dad receive a letter requesting more evidence as my I 130 was almost finished being reviewed. We sent the documents and it was approved. I went back home got a new job while waiting for my now husbands filing I received my canadian immigration visa December 2015 I landed march 2016 as he told me he needed time to save and move out of his aunts house. Again I spent a weekend there before heading back home. I gave him til August 2016. When I got there I spent 1 month exactly he was still where I left him our relationship of 6 years was at its last thread on the rope. I saw it then someone who truly loved u couldn't possibly put you through all this. There was no relationship. I beg for my job back and went home. I told him it wasn't working and got back home September 2016 havent been back since. I filed for divorce January 2018 and I'm now waiting for the judge to sign off and the 31 days to confirm the divorce.
    The problem: in visiting my mom in the US I had to get the affidavit signed by a notary public ( a lawyer) who told me I should have declared my marriage from 2014 and the onus was on me. I didn't know that. My intention was to hand over the divorce paper once the PD became current and they asked for my documents. I genuinely did not know I should have declared the marriage FIRST. I didn't think it mattered that much. Now I'm freaking out. I don't want to go to Canada. My PD isn't current yet. Do you think i stand a chance or will they just shut me down now? What should I do?
    Your marriage doesn't invalidate your petition; it just automatically moves you into a different category (F3 instead of F1); when you divorce you will automatically move back into F1. The only issue with not notifying them about the marriage is that they will assume you are still in F1 (when you are actually in F3), and so they might think your PD is close to being current and start processing, when your PD is still several years away from being current in your real category; and at the end there will have been a lot of wasted effort when they find out your PD is not close to being current in your real category. However, once you divorce, you will be back in F1, so if they started processing based on the assumption you are in F1, there is nothing wrong with that and your PD is actually close to being current. So it shouldn't be a problem to notify them then that you have married and divorced.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Your marriage doesn't invalidate your petition; it just automatically moves you into a different category (F3 instead of F1); when you divorce you will automatically move back into F1. The only issue with not notifying them about the marriage is that they will assume you are still in F1 (when you are actually in F3), and so they might think your PD is close to being current and start processing, when your PD is still several years away from being current in your real category; and at the end there will have been a lot of wasted effort when they find out your PD is not close to being current in your real category. However, once you divorce, you will be back in F1, so if they started processing based on the assumption you are in F1, there is nothing wrong with that and your PD is actually close to being current. So it shouldn't be a problem to notify them then that you have married and divorced.
      Thank you for your response. The lawyer made it seem like I committed this huge crime. I swear. I didn't mean to not tell they I gave them everything they have asked me for. The divorce should be done by June. I'm praying that the PD don't. Get current just yet. So I can hand over everything in on package. Fingers crossed you are giving me hope. Thanks again

      Comment

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