Applying I-20 for F1 with Spousal I-130 Pending

[MZCCOB 6]

Hello folks! This post is a mix of CR1 and F1 question so I'll post in both fora and respond back with the any useful feedback from the other ones. @mods feel free to re-categorize as you see fit.

 

Scenario: We received NOA1 on I-130 on Jan 30th 2017, still waiting for NOA2. We are aiming for the CR1 visa. Our estimated ETA on her visa is Jan 2018 at the latest. Since we filed, wife applied and was accepted to MA program in NYC area.

 

Without a doubt the F1 visa is not a dual-intent visa, and the I-130 clearly indicates intent to immigrate. However, she is not trying to immigrate using the F1, rather just to study while the I-130 is processing.

 

Question: Would it be understood that she is not using the F1 to immigrate, rather just to study? Would having an I-130 pending put her chances of being issued an F1 in jeopardy?

Furthermore, once the CR1 visa is issued she would use the PR status to continue studying, would the F1 visa then be cancelled?

 

In many other threads on this topic, it's an open and shut case "you have intent to immigrate so therefore you would be denied", but the added factor that her CR1 would be issued within the next year makes me think that this could be different. What do you think?

 

  Thanks, looking forward to your insightful responses!

[KurosawaSan 52]

Your F-1 application will get denied because you declared immigration intent.