Pending I-485, SEVIS, and F1 VIsa

[Melody2 0]

Hello,

I think I really need advice.

This is my situation and hopefully you can help me.

I got married in January 2014 in the US. In february my younger sister was diagnosed with leukemia and therefore I had to rush to germany to be with my sister. Before leaving, my husband and I filed for all the paperwork (I-130, I-485, I-131 and workauthorization).

I-131(advanced parole) and I-485 were denied due to me leaving before receiving advanced parole.

My I-130 was approved on june 17th 2014 and was sent to the NVC, but I just found out about a week ago that USCIS assumed I was in the states and therefore now that I am in Germany I have to file a I-824 (action on approved case). I was told that the processing time for this could take six months.

My lawyer filed for motion to reopen my I-485 case. He also adviced me to get a student visa since I have been a student on a F-1 visa prior to my marriage. Now this is my situation.

My question, Is it possible to receive a F-1 visa after applying for a I-485? My lawyer is telling me that I should try it but after researching on the net I am not sure if i.can trust his advice. And if I apply for a f-1 and it will get denied will it have bad consequences?

If you could give me advice I would truly appreciate it. I am desperate and dont know who and what to trust anymore. I want to go back asap. I miss my life and I want to finally finish my school.

I missed the fall classes and dont want to miss Spring 2015 that will begin in January. I am not sure if I do decide to just apply for the Visa and go to the embassy, it would work against me or if I would be just denied. My school sent me a valid I-20 and now thats just sitting there ready to go to the consulate.

A sidenote, we filed for adj. of status and for I-130 in the US and now I am in Germany.

Thank you for reading and every advice will be appreciated.

[Pitaya 2,577]

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