Will F-1 visa app affect K-3 visa app?

[scotchris 0]

I am a USCitizen, married a Canadian resident. We have a pending I-130 and she just got accepted to a US University to get her MA. Will filing for an F-1 visa, which allows her to reside her in the US under something other that a visitors visa pending the K-3, affect the status of the I-130 visa that is pending? Does it demonstrate nonimmigration intent? Thanks if anyone has any experience related to this quesiton.

[alex and astrid 38]

She would probably get denied the F1 for the fact she has a K3 pending, and is married to a US citizen. That screams immigrant intent. You would be better off her defering her enrollment if she can, and then attending once she has her green card. The fees would be far less if she paid as a resident than as an international student. Plus, you would want to AOS off the F1 so she can stay, and it is harder to AOS off an F1 than it is a K3.

Another point - K3's are being discontinued, and if your I-130 is approved before you I-129, the K3 will be closed and instead processed as a CR1.

[canadian_wife 1,822]

Yes, the F-1 will likely be scrutinized heavily because she clearly has immigrant intent with a US husband and a pending immigrant visa application.

Out of state tuition for an F-1 visa holder is RIDICULOUS. If she was accepted, I suggest you defer enrolling until her visa is issued and she enters as a PR so she can get the benefits of a resident for school.

Good luck.