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Lana82

Getting F1 visa after DS-260 submission

By Lana82 in Student & Exchange Visitor Visas

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Lana82 Newbie

Lana82   0

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Hello! I am an international student on F1 visa. My husband has won DV 2018 lottery and we have submitted our DS 260, however, our case number is rather big and now we are not sure that we'll be invited for the interview. For some reason we have to come back to home country and in this case I need to get new F1 visa for OPT. Could you please advise if I have any chances to get new F1 visa or not?

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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You are free to apply for it, however F-1 requires non-immigrant intent and having filed a DS-260 implies that you intend to immigrate. As such, you would almost certainly be denied IMO.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Crazy Cat Grand Master

Crazy Cat   41,848

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Filed: Citizen (apr) Country: Taiwan
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I agree with @geowrian .  Even if you were to get a new one, you can not enter the US via an F-1 with the intent to stay and adjust.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ConOfficer Explorer

ConOfficer   167

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15 minutes ago, geowrian said:

You are free to apply for it, however F-1 requires non-immigrant intent and having filed a DS-260 implies that you intend to immigrate. As such, you would almost certainly be denied IMO.

Disagree with this. It's quite common for someone waiting for a family based visa to apply for a student visa. You can issue them if you think the person intends to use the student visa appropriately and will return to their country to pursue the normal immigrant visa process. I'don't think a diversity visa applicant would be treated any differently. 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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3 minutes ago, ConOfficer said:

Disagree with this. It's quite common for someone waiting for a family based visa to apply for a student visa. You can issue them if you think the person intends to use the student visa appropriately and will return to their country to pursue the normal immigrant visa process. I'don't think a diversity visa applicant would be treated any differently. 

But if they are already at the point where they filed a DS-260, I would think they are close to the end stage. If they had just applied for DV and were waiting to be selected, I would absolutely agree.

 

Either way, if the OP does decide to apply for an F-1, be ready to show that you intend to return home.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
Posted (edited)
15 minutes ago, ConOfficer said:

Disagree with this. It's quite common for someone waiting for a family based visa to apply for a student visa. You can issue them if you think the person intends to use the student visa appropriately and will return to their country to pursue the normal immigrant visa process. I'don't think a diversity visa applicant would be treated any differently. 

They've already filed a DS260 though for the current DV year and it seems clear that if their number gets current they will adjust - within a pretty short space of time, given there are less than 4 months of the fiscal year left?

 

OP, can we assume you guys have indicated AOS rather than consular processing as your DV pathway?

Edited by SusieQQQ
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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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20 minutes ago, Lana82 said:

The thing is that we have big case number and it looks now that it won't be current this year.  Our interview for F1 visa will be soon and we'll know if our number gets current only in July. We did not consider AOS, only consular processing in home country. 

So you'd fly back home again to process the visa if your number is current? In that case you may be ok (and to be honest, getting late in the fiscal year CP is a safer and certainly less stressful option than AOS. Last year we saw some AOS cases refused in September because all visa numbers had been allotted already, vs with a CP interview you know there is a visa number reserved for you ahead of time). Good luck!

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  • 11 months later...
psbat Newbie

psbat   0

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On 6/4/2018 at 3:19 PM, Lana82 said:

Hello! I am an international student on F1 visa. My husband has won DV 2018 lottery and we have submitted our DS 260, however, our case number is rather big and now we are not sure that we'll be invited for the interview. For some reason we have to come back to home country and in this case I need to get new F1 visa for OPT. Could you please advise if I have any chances to get new F1 visa or not?

Hi Lana,
Do you mind sharing whether you could get the F1 or not? I am in a somehow similar situation.

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