To enter into USA asap: F1 or I-130 or both together

[ktnk 0]

Hi,
I am working in an IT company in India from last 3 years.
I got married and my husband is Permanent resident (Green card holder) in USA and working there.
I am living in India (out of USA) therefore, it may take almost 2 to 3 years in 
filling I-130, let it approved, then fill up I-485 after I-130 would be approved (can not file I-130 and I-485 in parallel when living out of USA) and after it's approval get medical examination, police clearance, interview appointment etc.

I don't want to wait so long and want to go to USA to live with my husband as soon as possible on any visa.
He also can not be away/out from USA for a long time due to his green card restrictions.

Please suggest me:
1. Can I apply for F1 visa for further education starting from Fall-2023 in a college near to the city where my husband is living?
F1 visa is non-immigrant. 
How can I show in interview that my intention is to come back to India after completing my education, while my husband is living in USA as a permanent resident.
It will be telling a lie and I afraid it might be difficult to digest by the visa counselor.

2. Can I apply I-130 (Immigrant) and F1 (Non-Immigrant) visa both at the SAME time now.
If yes, then F1 interview will come earlier while I-130 would be pending for approval.
what I can respond when visa counselor will ask me what is my actual intention (Immigrant or Non-Immigrant)
To stay in USA after completing education or you will come back to India or what else?

3. Should I apply F1 visa now and if it will be cancelled, then only apply for I-130 ?
If yes, my I-130 filling will be almost 6 months late and there would be F1 visa cancellation stamp in my passport.

4. I asked L1 visa from my company but no success. H1b visa from any company in USA also may take time and not completely sure. 

Any other way around to enter into USA as soon as possible on any visa from India?

[Daphne . 1,853]

You are trying to find ways around the legal way of doing things, and that’s not how to do it.

 

As you already mentioned, the F1 is a non-immigrant visa and you have immigrant intent. You would either get it approved based on misrepresentation, which is not good, or they will see through your plans and deny the F1. 
 

Please just do this the right way and have you husband file for the CR1 and do consular processing (staying in India while this is all processing)

[powerpuff 6,697]

4 hours ago, ktnk said:

Any other way around to enter into USA as soon as possible on any visa from India?

 No.

 

I think your husband needs to file for a proper IMMIGRANT petition and you need to stop trying to skirt the system by trying to get a non-immigrant visa to circumvent the wait time in the line that everybody else in your situation is waiting in.
 

Consular officer will most likely see right through your plan (they’re trained to do so and have seen this many times) and rightly deny the F1. You can’t hide the fact that you have a husband in the US.

 

You will get no sympathy here because ALL of us had to wait long periods of time to be reunited with our significant others, not to mention what you’re suggesting is immigration fraud and you know it is because you said “It will be telling a lie and I afraid it might be difficult to digest by the visa counselor.” 

 

 

Edited February 27, 2023 by powerpuff

[nastra30 2,284]

Op, ask spouse to file I-130 now and let the process run it's course. 

[Noname93 200]

On 2/26/2023 at 11:59 PM, ktnk said:

I am living in India (out of USA) therefore, it may take almost 2 to 3 years in 
filling I-130, let it approved, then fill up I-485 after I-130 would be approved (can not file I-130 and I-485 in parallel when living out of USA) and after it's approval get medical examination, police clearance, interview appointment etc.

You should familiarize yourself with the process some more. There is no I-485 involved if you are outside the U.S.