Attempting for F1 visa while there is a pending Form I-130 related to my mother

[Armo 0]

Hello. I am currently preparing to apply for a PhD program in the United States under an F1 visa. However, I have concerns regarding a Form I-130 that my aunt filed on behalf of my mother in 2013. Given that I was born in 1993, I am apprehensive about how this petition related to my mother might impact my F1 visa application. Given the lengthy nature of the I-130 process and the submission date of my mother's case, it will likely take a significant amount of time to process her case. Could the consular officer potentially interpret this as indicative of familial intentions to immigrate to the United States, thereby potentially complicating the approval process for my F1 visa?

I've noticed cases where having a Form I-130 related to them created challenges in their F1 student visa process. Could this also be an issue in my situation, where the Form I-130 is related to my mother?
I would greatly appreciate any insights or advice based on your expertise and experiences in navigating such situations.
Thank you.

[SalishSea 17,986]

1 hour ago, Armo said:

Hello. I am currently preparing to apply for a PhD program in the United States under an F1 visa. However, I have concerns regarding a Form I-130 that my aunt filed on behalf of my mother in 2013. Given that I was born in 1993, I am apprehensive about how this petition related to my mother might impact my F1 visa application. Given the lengthy nature of the I-130 process and the submission date of my mother's case, it will likely take a significant amount of time to process her case. Could the consular officer potentially interpret this as indicative of familial intentions to immigrate to the United States, thereby potentially complicating the approval process for my F1 visa?

I've noticed cases where having a Form I-130 related to them created challenges in their F1 student visa process. Could this also be an issue in my situation, where the Form I-130 is related to my mother?
I would greatly appreciate any insights or advice based on your expertise and experiences in navigating such situations.
Thank you.

Well, yes.  You are prepared to swear that you will return to your country with no intention to immigrate, and yet you have an immigrant visa filed on your behalf.  See the disconnect here?

[Armo 0]

10 minutes ago, SalishSea said:

Well, yes.  You are prepared to swear that you will return to your country with no intention to immigrate, and yet you have an immigrant visa filed on your behalf.  See the disconnect here?

thanks for your response. But the question that arises for me is that since this form was filled for my mother and not directly for me, does it still mean that I have an immigration case?

Will there be any proof that I return to my country after my studies?

[SalishSea 17,986]

1 minute ago, Armo said:

thanks for your response. But the question that arises for me is that since this form was filled for my mother and not directly for me, does it still mean that I have an immigration case?

Will there be any proof that I return to my country after my studies?

Like all nonimmigrant visa applicants, YOU will be required to show evidence of a plan to return to your country - the burden for that is entire on you.

 

Yes, you have a pending immigrant case.

[Armo 0]

5 minutes ago, SalishSea said:

Like all nonimmigrant visa applicants, YOU will be required to show evidence of a plan to return to your country - the burden for that is entire on you.

 

Yes, you have a pending immigrant case.

Thank you for your detailed answer.

A question came to me, if the conditions of my mother's case are such that my age is not frozen and therefore I will not be included in her case (which of course is not clear yet), will I still have an immigration case?

[Boiler 45,783]

You are 30 something

 

Your Mother has a pending application, you do not.

[Armo 0]

3 hours ago, Boiler said:

You are 30 something

 

Your Mother has a pending application, you do not.

Thanks. You mean that I don't have an immigrant case? If yes, so does it still have negative effect on my f1 visa?

Edited July 8 by Armo

[Boiler 45,783]

I doubt it

[Sm1smom 254]

OP - you have no pending “visa” or any other pending application as a matter of fact. Even your mom has no pending “visa application”. What your mom has is a pending petition filed on her behalf by her sister. 
 

You may apply for a F1 visa, or any other NIV you wish to apply for. Your application will be reviewed on its own merit and adjudicated accordingly. Your own totality of circumstances will be used in making a determination as to your eligibility for an approval or otherwise. 
 

As a matter of fact, there are known folks with approved I-130 who successfully obtained NIVs while waiting for their priority dates to become current. So yes, it is still possible to obtain a NIV with a pending or approved I-130 if the applicant is able to convince the CO of their current ties to their home country and their plans to return at the end of their authorized stay in the US. 

[Armo 0]

6 hours ago, Sm1smom said:

OP - you have no pending “visa” or any other pending application as a matter of fact. Even your mom has no pending “visa application”. What your mom has is a pending petition filed on her behalf by her sister. 
 

You may apply for a F1 visa, or any other NIV you wish to apply for. Your application will be reviewed on its own merit and adjudicated accordingly. Your own totality of circumstances will be used in making a determination as to your eligibility for an approval or otherwise. 
 

As a matter of fact, there are known folks with approved I-130 who successfully obtained NIVs while waiting for their priority dates to become current. So yes, it is still possible to obtain a NIV with a pending or approved I-130 if the applicant is able to convince the CO of their current ties to their home country and their plans to return at the end of their authorized stay in the US. 

Thank you for your complete explanation.
A point that should be mentioned, in a certain situation, my age may have been frozen and I may have been included in my mother's subgroup. In this case, if they give my mother a visa, they will also give me a visa too. However, I don't have enough information whether I am included in this particular mode or not.
If we assume that I am included in this special case, will the possibility of my F1 visa being rejected increase?
Because I have heard that if the officer has the slightest doubt that the person applying for an F1 visa has an immigration case or has applied for an immigration case, it means that he intends to immigrate to America and therefore the F1 visa will not be issued.
Thank you if you have any information in this regard.

[Boiler 45,783]

53 minutes ago, Armo said:

Thank you for your complete explanation.
A point that should be mentioned, in a certain situation, my age may have been frozen and I may have been included in my mother's subgroup. In this case, if they give my mother a visa, they will also give me a visa too. However, I don't have enough information whether I am included in this particular mode or not.
If we assume that I am included in this special case, will the possibility of my F1 visa being rejected increase?
Because I have heard that if the officer has the slightest doubt that the person applying for an F1 visa has an immigration case or has applied for an immigration case, it means that he intends to immigrate to America and therefore the F1 visa will not be issued.
Thank you if you have any information in this regard.

How can you possible be included in a F4 filed when you were 20?

[Sm1smom 254]

1 hour ago, Armo said:

Thank you for your complete explanation.
A point that should be mentioned, in a certain situation, my age may have been frozen and I may have been included in my mother's subgroup. In this case, if they give my mother a visa, they will also give me a visa too. However, I don't have enough information whether I am included in this particular mode or not.
If we assume that I am included in this special case, will the possibility of my F1 visa being rejected increase?
Because I have heard that if the officer has the slightest doubt that the person applying for an F1 visa has an immigration case or has applied for an immigration case, it means that he intends to immigrate to America and therefore the F1 visa will not be issued.
Thank you if you have any information in this regard.

The possibility of your being a derivative of your mom’s F4 application is a non-issue at the moment considering your mom’s priority date is still pending. So again, you do not currently have an immigration case based on the I-130 petition filed for your mom. 

[Armo 0]

2 hours ago, Boiler said:

How can you possible be included in a F4 filed when you were 20?

I think I was 19-20 when the petition was filled for my mother. Since my age was under 21, my age may be considered under 21 based on age freeze formulations in the future. Of course, I need to reiterate that my knowledge about age freezing and other related matters is not complete and I may be wrong. For this reason, I will be pleased to learn more about this field with your guidance.

So you believe that since I was 20 years old at that time and considering that there is still a lot of time left for my mother's case, under no circumstances will I be a derivative of my mom’s F4 application? Did I understand correctly?

[Boiler 45,783]

49 minutes ago, Armo said:

I think I was 19-20 when the petition was filled for my mother. Since my age was under 21, my age may be considered under 21 based on age freeze formulations in the future. Of course, I need to reiterate that my knowledge about age freezing and other related matters is not complete and I may be wrong. For this reason, I will be pleased to learn more about this field with your guidance.

So you believe that since I was 20 years old at that time and considering that there is still a lot of time left for my mother's case, under no circumstances will I be a derivative of my mom’s F4 application? Did I understand correctly?

You have not mentioned your Country but lets say you will be 45 when your Mothers petition is current. For you to qualify under CSPA the I 130 would have to take 24 years to process.

[Armo 0]

On 7/8/2024 at 11:33 PM, Sm1smom said:

The possibility of your being a derivative of your mom’s F4 application is a non-issue at the moment considering your mom’s priority date is still pending. So again, you do not currently have an immigration case based on the I-130 petition filed for your mom. 

Do you know how can I found that my mom's petition will pass the pending status (even an approximate date)?

or how can I found that it is still in pending status?