Acquiring F-1 visa while I-485 petition is pending.

#1
Hi. I have to apply for my F-1 visa in a few months, as I have to enter the US for studying in the fall of 2021. My uncle is a Legal US citizen and has applied for the I-485 petition long back, and it has around 2-3 years remaining. I might turn 21 before the petition is over. I am not sure if the petition will cause difficulties in acquiring the F-1 visa. Please let me know if it will cause any problems and how these problems can be solved.
 
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Sm1smom

Super Moderator
#2
Hi. I have to apply for my F-1 visa in a few months, as I have to enter the US for studying in the fall of 2021. My uncle is a Legal US citizen and has applied for the I-485 petition, and it has around 2-3 years remaining. I might turn 21 before the petition is over. I am not sure if the petition will cause difficulties in acquiring the F-1 visa. Please let me know if it will cause any problems and how these problems can be solved.
I don't think you Uncle filed an I-485 petition for you. He most likely filed an I-130 for his sibling who is your parent, meaning you are currently a derivative of the pending I-130 filed for your parent.

If you're able to demonstrate strong ties to your home country and convince the CO of your intention to return to your home country at the end of your studies, your F1 visa application should hopefully be approved.
 
#4
I also wanted to know if I should let my CO know that I am a derivative of a pending I-130 and that if I don't let them know and they find out later, will it cause any problems in my F-1 visa?
 

SusieQQQ

Well-Known Member
#5
I also wanted to know if I should let my CO know that I am a derivative of a pending I-130 and that if I don't let them know and they find out later, will it cause any problems in my F-1 visa?
I’m sure they will know. When my minor children were similarly derivatives and we applied for tourist visas for them, they could see the information on their system. (Yes, the kids got the visas.) That was about ten years ago and I am sure their systems have improved since then.

Remember you always need to be truthful in a visa interview, although you don’t need to volunteer information they don’t ask for. Misrepresentation of a fact that is deemed material can lead to a ban.
 
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