Can I apply for F1 Study Visa or TN-1 working visa whilst still having my F4 Family Petition in progress since 2012?

[black12345 0]

Can I apply for F1 Study Visa or TN-1 working visa whilst still having my F4 Family Petition in progress since 2012?

I applied for a F4 Sibling Immigration visa back in 2012. It is still in queue as a petitioner. I am on an ESTA visa but might get my Canadian passport imminently.

Now I want to either apply for:

1) TN-1 working visa (if I get my Canadian passport in time).
2) F1 Student Visa while my wife is on F2.
3) F2 Student Visa while my wife studies if this is better for visa acceptance.
4) If I get my Canadian passport in time, I apparently don't need a F1 or F2 visa, but just provide my I-20 at point of entry. Can this be done and will the be dual intent issues.

My wife is listed as a spouse on my immigrant petition that is taking years. So is it better that she is F1 and I am F2?

Are there conflicts of dual intent, or any other issues and what is the best way of applying, either to work or study so I can be close to my elderly parents in the states for a while

[SusieQQQ 11,586]

Sure you can apply. You are expected to be able to show non immigrant intent for a F or TN so they may or may not be granted. Probably (anecdotally so take with a big pinch of salt) more of an issue for an F than a TN.

 

Impossible to tell you what is “best” with no clue of what either you or your wife would be studying or working as, but if it becomes obvious you are visa shopping as a way to get to the US that will likely result in a refusal that might affect visitor prospects too.. Presumably the sibling that applied for you is in the US with your parents, perhaps you will need to be content with frequent visits in the interim.

[Boiler 45,486]

Your F4 is a long way away and none of the options you mention are dual intent.

 

TN seems the best bet as you can work.