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Posted

I wonder if anyone here had experience getting an F1 student visa while waiting for I-129F approval. I want my fiance to get the student visa and start college here in the US while waiting for fiance visa, so that when she gets approved she goes back to Russia, gets her K1 visa and when she comes back she would continue her education. 

We just don't want her to waste time waiting when she could be studying (and staying with me during that).

 

Thoughts on feasibility of getting approved for F1 while waiting?

Filed: K-1 Visa Country: Wales
Timeline
Posted

What does she want to study?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 hour ago, AndyD said:

I wonder if anyone here had experience getting an F1 student visa while waiting for I-129F approval. I want my fiance to get the student visa and start college here in the US while waiting for fiance visa, so that when she gets approved she goes back to Russia, gets her K1 visa and when she comes back she would continue her education. 

We just don't want her to waste time waiting when she could be studying (and staying with me during that).

 

Thoughts on feasibility of getting approved for F1 while waiting?

Essentially none.   A student must not have immigrant intent.   How would she explain that she has no immigrant intent, but has an i129f petition filed on her behalf?

YMMV

Posted
1 hour ago, AndyD said:

Thoughts on feasibility of getting approved for F1 while waiting?

It is even harder to get a student VISA than a B2 VISA after filing for a K1.

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted

How would she continue her education with a K-1? That doesn’t permit formal study. 
 

Also a student visa requires strong evidence of the applicant’s non-immigration intent. That’s going to be as good as impossible with a pending I-129F. The officer is going to strongly suspect she is going to use the student visa to marry and adjust. They see this trick all the time. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
14 hours ago, AndyD said:

Thoughts on feasibility of getting approved for F1 while waiting?

Unfortunately the chances are very low because an F1 approval is only given when the officer is convinced that the student will go back to her home country following the completion of the educational program.  With an American fiance there will be perceived immigration intent which is not the purpose of an F1 visa which is only for a temporary stay in the US and then a return to the home country.  I looked into an F1 for my now husband, back when we were considering all options to get him to the US as soon as possible, we looked at K-1, B2, F1, CR-1, and eventually decided that an F1 and B2 would likely be denied because of immigration intent so he didn't even waste time applying.  We eventually chose to get married in his country and file an I-130 petition for a CR-1 visa, because of the many advantages vs. K-1 including the ability to work and travel outside the US immediately upon entry to the US.  Long distance relationships are hard, and US immigration on top of that has limited options and takes SO long to finally be together.  A lot of time apart is normal in these situations, especially with the pandemic.  She can study English and web development in her home country while waiting, at a lot lower cost than in the US.  Good luck with the K-1 process, hopefully you will be together soon!

Filed: K-1 Visa Country: Wales
Timeline
Posted

Sort of sounds like a shck up with BF rather than a study situation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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