Lied about same-sex relationship in F-1 visa, K-1 questions

[iss.yazz 0]

Hello everyone,

 

My bf (US citizen) and I (Saudi Arabian) are about to send in our I-129f petition and have some questions first that we’d appreciate getting pointers on. 
 

Bear with me a little because I’d like to explain the whole situation to better inform your answers.

 

We are in a gay relationship, we met our second year of college in 2017 (I was on an F-1 visa) and have been together since. I returned to Saudi during the pandemic in 2020 after graduating and started working there. A few months later I decided to apply for a tourist visa to be able to visit my boyfriend. It got accepted but I never used it since I got accepted into some master’s programs in california and thought it might be best to pursue that path. We never talked about marriage or where our relationship was going (we both assumed it was going to end when I had to return to Saudi but we still talked to each other everyday). So it seemed like a good idea for me to come back for my master’s and we can pick up where we left off, hitting two birds with one stone. 

 

The trouble though is when I did my interview for the F-1 visa, the consul officer didn’t think I had strong ties to Saudi, and in hindsight she was right. She asked me who my bf is (I listed him as my US contact point under “friend”) and I told her he’s just a friend. That visa got denied, and we were crushed to think we weren’t gonna see each other soon. A month later we met in Mexico and decided to apply for a K-1 as we realized we really want to be together and are ready to get married. And we have lots of evidence proving a bona fide relationship from our time in college.

 

Now I reazlied that in my tourist visa application I also listed him as a friend. So I’m worried it’s gonna look like I lied about my relationship with him for immigration benefits. The reason I never disclosed my relationship with him was 1) i never really understood the significance from an immigration point of view and 2) both my interviews were in Saudi and I didnt want them to know my sexuality for fear of safety, and it is second nature to me to tell all strangers that he’s just my friend and hide my sexuality.

TLDR: i listed my boyfriend as a “friend” in two different non-immigrant visa applications and worried that will affect K-1 visa chances.

 

So I would like your advice on the following:

 

1) Will the 214(b) F-1 denial arouse suspicions of misrepresentation if we file the I-129F shortly after? Does it matter if we wait longer?

 

2) Will the officers be understanding of why I lied about the relationship due to fear of safety or use that against us in the K-1 application?

 

3) Any information on the US embassy in Saudi would also be appreciated. How tough are they and how likely is denial/acceptance?

 

Thank you.

[Allaboutwaiting 2,503]

I don't think you should have any issue. 

The tourist visa was approved and your intention was to visit. You disclosed you had a contact there. 

The student visa was denied despite you being accepted to a master's program. You also disclosed you had a contact there. 

 

Now, remember that the evidence for the K1 must be from the 2 years PRIOR filing, not further back. 

Edited September 4, 2021 by Allaboutwaiting

[carmel34 3,626]

If you have evidence of meeting within two years of filing the I-129F, your USC boyfriend can file on your behalf.  The F-1 visa denial should not affect your chances as you did disclose him as a friend on the application.  K-1 is the way forward or marry in the US or a third country and file a petition for a CR-1 visa, a superior visa in my opinion.  Good luck!

[iss.yazz 0]

On 9/5/2021 at 2:28 PM, carmel34 said:

If you have evidence of meeting within two years of filing the I-129F, your USC boyfriend can file on your behalf.  The F-1 visa denial should not affect your chances as you did disclose him as a friend on the application.  K-1 is the way forward or marry in the US or a third country and file a petition for a CR-1 visa, a superior visa in my opinion.  Good luck!

True I disclosed him as a US contact, but the consul officer at the F-1 visa specifically asked me “who is [fiancé name]?” And i said “a friend” then she repeated “just a friend?” And i said “yes.” Can this not be used to prove misrepresentation in the K-1 interview?

[Allaboutwaiting 2,503]

17 minutes ago, iss.yazz said:

True I disclosed him as a US contact, but the consul officer at the F-1 visa specifically asked me “who is [fiancé name]?” And i said “a friend” then she repeated “just a friend?” And i said “yes.” Can this not be used to prove misrepresentation in the K-1 interview?

It is clear the interviewing agent considered your ties to the US enough to deny the student visa, regardless of the term you used to refer to your now fiance. You clearly disclosed your contact in the US -labeling him a friend is irrelevant-.

 

Misrepresentation occurs when you lie in order to obtain a benefit. For the F-1 you indeed had a master's program offer, and it was denied because you just weren't able to prove your ties to your own country were stronger.

 

Don't worry and apply if you already fulfill the requirements -meeting in person two years prior filing and being able and willing to marry-.

[Rafagus 64]

I think at the end of the day, the term "boyfriend" does not have any legal consequence, as opposed to "husband'/"wife".

 

People go from being friends to being boyfriends and vice versa all the time. You might have to do some extra explaining at the embassy.

 

Nonetheless, if you feel you might have a problem, or that you might have misrepresented facts in your previous immigration applications, it would not hurt to consult with a reputable immigration attorney. 

[aaron2020 11,651]

On 9/11/2021 at 4:29 PM, iss.yazz said:

True I disclosed him as a US contact, but the consul officer at the F-1 visa specifically asked me “who is [fiancé name]?” And i said “a friend” then she repeated “just a friend?” And i said “yes.” Can this not be used to prove misrepresentation in the K-1 interview?

CO are not idiots.  She knew what was going on.  

You have nothing to worry about.  Your situation is understandable given how homosexuality is treated in SA.  

Your previous answers will not stop you from getting a K-1.  

Best of luck.