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F1 Student Visa while i-130 pending

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  • F1 Student Visa while i-130 pending

    My aunt who is a lawful resident in the USA has filed an i-130 petition for me few years ago , few years remaining until i get an immigrant visa number available. But now i would like to further my education in the USA by F1 Visa and leave the USA when i have finished my education course in the United States. I have been denied visa twice where i did not apply in my home country and i will be going to my home country to apply one more time for my F1 Student Visa , however i do not intent to use this particular visa entry to immigrate there but lawfully immigrate when my visa number is available and returning to my home country to do the immigrant visa interview. How do i explain it to my Visa Office that i do not intent to use the F1 entry visa to immigrate but to complete my studies and obtain a bachelor degree and then return my homecountry for my immigrant visa. Do i have to tell the Visa Officer myself? Because if i fail my immigrant visa , i would atleast have a bacehlor degree from an American Institute so i would be able to secured jobs promptly as the degree is well recognized here. Thank you

  • #2
    Please i need help soon


    • #3
      You can explain all you want, but that doesn't mean they will believe you. It's up to them to decide whether you've convinced them that you won't use the visa to immigrate or not.

      This is my personal opinion and is not to be construed as legal advice.


      • #4
        how is it possible that your aunt filed an immigrant petition? Only immediate relatives can do that.
        As far as convincing a consular officer, well, there is no guaranteed is totally up to the applicant and no documents yet produced can guarantee that you will depart the US after will be up to the interviewer to decide.


        • #5
          A pending immigrant visa petition cannot disqualify you for a non-immigrant visa, however, in most cases it brings issues and more questions. You will also have to provide a financial statement that covers your living costs and college tuition. My spouse had this issue, when she applied for getting a Ph.D. degree at the University of the Arts and fillied an essaydune application > she had to prove strong ties to her home country (Canada). I was a green card holder in the US back then.


          • #6
            However legally you are allowed to enter on an F-1 visa even if an I-130 is filed. You need to demonstrate your intent to be in the US for a temporary stay and to leave after that time period. You also want to show you will consular process for your green card.
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            • #7
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                • #9
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                    • #11


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