A previous F-1 holder filing for CR-1 - question about prior status

[kashewmoo 9]

Hi all! Before I pose my question, I just wanted to say how much of a help all of you have been with regard to knowledge for US immigration. I had been dreading this process because I had been told nightmare stories of trying to secure a green card, but after researching the topic endlessly, it doesn’t seem as horrible as I had been imagining it!

In a post section-3-DOMA-is-gone-hooray world, my partner and I are preparing to file a CR-1 immigration visa. I’m a Canadian citizen, and she is of course American. We met in 2005, started a relationship in November 2007, became engaged in May 2011, and finally married on July 5th this year.

Now, within this timeframe, I lived in the US under F-1 status between October 2009 and May 2011 (she having proposed to me right before I left). Being Canadian, I did not have to attend a visa interview for the F-1, I really don’t remember anything special about driving over the border (I don’t even think they asked me many questions, just read through the material, and stamped me), and I don’t think they asked about any relation I may have had in the US, either. It really was an underwhelming experience.

So, in this time I attended school full time, did not work, but we did live together during this time. I was always open about our relationship when working with the representative at the university who reported to USCIS, and I have never outright lied when asked to a border patrol officer when going back and forth between Canada and the US. I had to leave the US originally because I was unable to maintain tuition payments any longer, and didn’t want to overstay my visa. At this point, we considered spousal immigration to Canada, but ultimately we both wanted to be together in the US, and she was unable to leave the US easily because she is the main caretaker for her father who suffered a stroke a number of years back. That, and it was about this time that the Obama administration stopped defending the constitutionality of DOMA; we had high hopes that section 3 would be gone sooner than later, and were waiting with baited breath all through June of this year while the decision was pending in SCOTUS.

Now, here we are!

So, my question is this. Will my past status as an F-1 effect my ability to receive a CR-1, and citizenship down the line, knowing that we had been dating during that time? I did not have immigrant intent under the F-1 (although of course I had wished and hoped and prayed that the laws would change when I was living there to even just <i>give</i> the option for permanent residency, so that when I knew for certain she was the one, we would have both of our countries at our disposal), and left the country when directed by the school and USCIS. I have every intention of being honest and forthright about any dates, particularly during the interview in Montreal, as well as about the time I was a student in the US. Our relationship is certainly bonafide, and I have numerous means of proving it.

Also, note (if it’s important): we have not hired an immigration attorney at this point, as we’re confident we can muddle through the process without it, but I will stress the importance if it’s needed.

I hope I’m just worried over nothing. We’ve been waiting so long for this that I’m worried sick over any obstacles that may hinder us.

Thank you so much for any help!

[canadian_wife 1,822]

You are worried over nothing. I was a student in the US from 2005 - 2008, returned to Canada and then filed for the cr1 spousal visa. My time in the US - we used it to strengthen our relationship for the consular officer but I honestly don't think she even cared

good luck

[kashewmoo 9]

Oh, thank you so much, that does make me feel better.

It's just stressful knowing that your entire future rests in the hands of people who don't personally know you. That's what gets me. But I'll keep what you said at the back of my mind!

[canadian_wife 1,822]

Canada is a low fraud country, they aren't looking to deny you. They are looking to make sure you have a real relationship, which you clearly have

good luck

[Harpa Timsah 13,258]

Of course not! Many people have student visas and later get a spousal visa. That is not something to worry about. It is weird to think that your future does rest in someone else's hands, but the adjudicators are professionals and do this every day.

[mngoalie 10]

I'm in the exact same situation, just with a male partner. He's been down here for 2 years and is still attending school and were doing the AOS to CR-1.

Like others said, Canada isn't a huge fraud country, so that helps. The fact you made it here for an F-1 just shows you have no red flags, visa wise.

[kashewmoo 9]

Canada is a low fraud country, they aren't looking to deny you. They are looking to make sure you have a real relationship, which you clearly have

good luck

Yeah, that's very true. It's more the timing of me going to school, and the start of our relationship, that gives me pause, really. But, thank you, you've helped a lot.

Of course not! Many people have student visas and later get a spousal visa. That is not something to worry about. It is weird to think that your future does rest in someone else's hands, but the adjudicators are professionals and do this every day.

I know that it's not uncommon to have a student visa and then get a spousal visa - really, if I could have, I would have done an AOS from F-1 to CR-1 at the time, had DOMA been gone then. Would have made our lives infinitely easier, these past couple of years, haha. Thank you!

I'm in the exact same situation, just with a male partner. He's been down here for 2 years and is still attending school and were doing the AOS to CR-1.

Like others said, Canada isn't a huge fraud country, so that helps. The fact you made it here for an F-1 just shows you have no red flags, visa wise.

Did your relationship begin before he came to the US for school? It's the timing that I don't want to give pause. Of course, I legitimately got an F-1 for the sake of university, so I'm not worried about being pinned for fraud, but I just want to make sure I cross our t's and dot our i's. Thank you!

[mngoalie 10]

Did your relationship begin before he came to the US for school? It's the timing that I don't want to give pause. Of course, I legitimately got an F-1 for the sake of university, so I'm not worried about being pinned for fraud, but I just want to make sure I cross our t's and dot our i's. Thank you!

yes. We had been doing the long distance thing for many years. We were looking at him getting his degree then using a TN, but that changed post-doma.

[kashewmoo 9]

Oh, okay, that makes me feel loads better. That was actually what I had been intending on doing, as well, before I wasn't able to maintain tuition, but having DOMA out of the way is such a relief. Congratulations on being able to file an AOS - that's really exciting.