obtaining a F1 visa while I-130 pending???

S

Stan_B

Registered Users (C)
Hello,

I am an unmarried, over 21, Canadian citizen. My mother, who is a US permanent resident, has petitioned to bring me to the US via I-130 application. Right now, I am interested in attending school in the US as a foreign student and am wondering if obtaining a F1 visa will be in conflict with my pending I-130 application.

Can anyone please tell me if obtaining a F1 student visa will jeopardize or be in conflict with my pending I-130?

Thank you greatly in advance.
 
Yes, it will be in conflict. F-1 requires nonimmigrant intent. The F-1 will be denied, unless somehow they don't know that you have an I-130 pending.

If you really want an F-1, withdraw the I-130.
 
having an I-130 filed for you is always going to bring problems when applying for a non-immigrant visa (such as a student visa) because you prove immigrant intent with the i-130.

However, being that you priority date (the date in which you will be eligible for a GC) will not come for several years. I think your chances are as good as anyone else's... maybe a little harder, but nothing impossible.
 
Thank you Jackolantern & PraetorianXI for your replies.

My priority date will come up in approximately 6 years. Is it possilbe to recieve a F1 visa for a 4 or 5 year program (end date before priority date) or is it simply not doable (filing a F1 while pending I-130) in principle?
 
You need to be able to provide evidence of your intention to return to home country upon completion of your program in the US, i.e. that you maintain strong ties to your home country. It never hurts to try!

Your F-1 status can be extended indefinitely as long as you're enrolling in degree seeking programs, and conversely can be lost long before the expiration of the visa, so I'm not sure the visa expiration date will prove anything in relation to your PD. Maybe the date on the I-20 will be more useful for that; however you can easily change academic programs with a new I-20 so I wouldn't consider that strong evidence either that you intend to return.

Do you have family in Canada, or a potential job offer upon your return, or own property?
 
I haven't had much luck in finding out exactly how and what is needed to prove my intention of going back after the school program is over.

Another concern/question I have is whether attempting to obtain a F1 visa (whether I receive it or not) may hurt my chances in receiving my green card -- i'm sure it'll be on record that I attempted to obtain a F1 visa.

Thank you for all your help and suggestions.
 
Stan_B said:
Can you please elaborate regarding the consular interview?
Click to expand...

As a Canadian citizen, you do not require a visa. You just show up the border with your I-20 and they admit you in F-1 status and give you an I-94 card.

Which isn't to say that the pending I-130 won't be a problem (it may), but you have two advantages. First, not having a consular interview is quicker and it means one less person to say no to you. Second, the DS-156 (the application for a consular visa) explicitly asks if an immigrant visa has been filed for you. No requiring a visa means you might not be asked that question.

If, of course, the border agent asks you if an immigrant petition has been filed for you, there's a 99.9% chance he or she knows about the I-130. At that point you say yes and do your damndest to convince the agent you will leave the US.
 
Does it matter where in the US the OP intends to study? For instance, if it is close to where his mother lives, who has filed an immigrant petition for him?
 
Speaking from personal experience it is possible to get an F1 while your I130 is pending. You have to show financial statement covering your school tuition and living costs as well as show ties to your home country.
 
You must log in or register to reply here.
Top