F1 student visa denial, pending I-130 through spouse

Z

zeejay

New Member
Hello

My spouse is a green card holder in the USA. He filed a I-130 4 months ago. I applied for F1 student visa twice and got denied for the same reason (section 214(b)). although I have strong ties in home country (family) but the officer did not want to look and listen to me she just focused on my husband and my pending petition and did not give me the chance to talk and explain. The second interview I tried my best to convince the officer that I am going to return home once my program is finished and to take a look at my previous visas and my arrival and departure date and that I always stick to the rules of non immigrant visa. He was not convinced and denied it again. I have all the needed documents, sufficient funds. denied 'cause I have a husband there.

Now my ESTA is canceled and it will be so hard to get a tourist visa since I have 2 denied visas in the system. Does anyone has the same experience ? please share I am hopeless.
 
One of the primary requirements for an F1 visa is non-immigrant intent, an obvious contradiction in light of a pending i-130. Was the i-20 from a reputable public university? With a US-based spouse, any CO would be hard to convince that you're going to return home. A tourist visa is similarly unlikely.

Wait about ~20 more months for f2a visa. How far is spouse from USC eligibility?
 
Unfortunately it’s very hard for you to truly convince a CO your intention is to return home, when it is clear via the I130 that you in fact do plan to join your spouse in the US permanently. I am guessing they expect you are trying to use an F1 to be able to stay in the US till your petition becomes current and adjust. Seems your only real option is to continue with your studies in your home country and have your husband visit you in the meanwhile, while you wait for your petition to become current.
 
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