Can you apply for student visa awaiting K1 approval?

[Gii 48]

Hi,

 

Currently waiting for my NOA2. I was hoping to commence some study in the states, would I be able to apply for a student visa and be approved? I would obviously have to go to a US embassy for my interviews etc when the time comes (for my K1) and then re-enter. My original plan was just to do the K1 visa and then commence study once that process was completed. It would be to make up the subjects required so I can eventually  gain registration as a nurse in the USA. 

 

Any advice is appreciated 

[powerpuff 6,698]

While in principle you could have two valid US visas, I think it would be problematic to prove that you don't have an immigrant intent while applying for an F-1 (was on an F-1 visa for a long time myself). And K-1 visa is a non-immigrant visa with an immigrant intent. So based on that it is likely they would deny the F-1 visa. That's just my opinion though, I might not be correct. 

[Gii 48]

5 minutes ago, powerpuff said:

While in principle you could have two valid US visas, I think it would be problematic to prove that you don't have an immigrant intent while applying for an F-1 (was on an F-1 visa for a long time myself). And K-1 visa is a non-immigrant visa with an immigrant intent. So based on that it is likely they would deny the F-1 visa. That's just my opinion though, I might not be correct. 

Yeah that’s what I was concerned about, I wouldn’t want to restart my K1 visa process as a CR1, but I guess proving that could be difficult.

[SteveInBostonI130 3,451]

Here is a section from the State Dept policy guidance:

 

Quote

9 FAM 402.5-5(E)(1)  (U) Residence Abroad Required

(CT:VISA-432;   08-08-2017)

a. (U) INA 101(a)(15)(F)(i) requires that an F-1 applicant possess a residence in a foreign country he or she has no intention of abandoning.  You must be satisfied that the applicant intends to depart upon completion of the approved activity.  Consequently, you must be satisfied that the applicant, at the time of visa application:

(1)  (U) Has a residence abroad;

(2)  (U) Has no immediate intention of abandoning that residence; and

(3)  (U) Intends to depart from the United States upon completion of approved activities.

b. (U) Examining Residence Abroad:  General rules for examining residence abroad are outlined in 9 FAM 401.1-3(F)(2). If you are not satisfied that the applicant’s present intent is to depart the United States at the conclusion of his or her study or OPT, you must refuse the visa under INA 214(b).  To evaluate this, you should assess the applicant’s current plans following completion of his or her study or OPT.  The hypothetical possibility that the applicant may apply to change or adjust status in the United States in the future is not a basis to refuse a visa application if you are satisfied that the applicant’s present intent is to depart at the conclusion of his or her study or OPT. 

Part a.2, a.3  and part b. will be difficult to overcome with the pending K-1

[Boiler 45,516]

the problem would be the practicality of getting a student visa in the current Pandemic situation.

[Gii 48]

11 hours ago, Boiler said:

the problem would be the practicality of getting a student visa in the current Pandemic situation.

My understanding was that student visas were still getting processed in Australia as emergency visas, I could be completely wrong/ misunderstood.

[Boiler 45,516]

1 hour ago, Gii said:

My understanding was that student visas were still getting processed in Australia as emergency visas, I could be completely wrong/ misunderstood.

What would be the emergency?

[Gii 48]

57 minutes ago, Boiler said:

What would be the emergency?

Well Sydney embassy is only allowing appointments for "emergencies", you can't otherwise book in. There were a few students I saw in an Aussies in America FB group mentioning that they were still able to get these appointments. These might be the exception to the rule though and maybe they have other stuff going on allowing them to get their appointments