I-485 pending applying for F-1

[Melody2 0]

Hello,

I think I really need advice.

This is my situation amd hopefully you can help me.

I got married in January 2014 in the US. In february my younger sister was diagnosed with leukemia and therefore I had to rush to germany to be with my sister. Before leaving, my husband and I filed for all the paperwork (I-130, I-485, I-131 and workauthorization)

I-131(advanced parole) and I-485 were denied due to me leaving before receiving advanced parole.

My I-130 was approved on june 17th 2014 and was sent to the NVC (still waiting for them to receive it)

My lawyer filed for motion to reopen my I-485 case. He also adviced me to get a student visa since I have been a student on a F-1 visa prior to marriage. Now this is my situation. I called my school and they sent me a new I-120 and all I have to do is to go to the embassy and ask for a new F-1 visa, but is that even possible?

Is it possible to receive a F-1 visa after applying for a I-485? My lawyer is telling me that I should try it but after researching on the net I am not sure if i.can trust his advice. And if I apply for a f-1 and it will get denied will it have bad consequences?

If anyone could give me advice I would truly appreciate it, I am.desperate and dont know who and what to trust anymore.

[kzielu 1,147]

There's really not much you can do - F-1 has decent chance of getting denied but it won't have any consequences. Using non-immigrant visa (F-1) to immigrate is a fraud anyway, nice that's the advice you're getting from a lawyer.

Anyway - if I-130 is approved and at NVC, there isn't much left in the process - just make sure NVC know which embassy to send it to and finish your process back at home.

[Starkilla09 366]

I agree with Kzielu, chances of you getting an F-1 visa is almost nil. You should know F-1 visas require non-immigrant intent to be issued which you have clearly indicated you don't have by having a petition filed for you. I'm surprised your lawyer advised you to take this track given it'll be likely denied. Again even if it were ever issued, using a non-immigrant visa to enter the U.S. solely to secure residency is visa abuse and highly frowned upon by USCIS. Petitions have been denied because of that. At this point your best bet is to just do consular processing. It will just take a few more months again to process and review though since the NVC is experiencing a lot of backlog due to very high approved petitions sent there at the moment. Review times are normally 60 days now from 30 as a result when they receive any documents ( Affidavit, and support documents).

[Ian H. 207]

I don't know what kind of lawyer would advice his clients to do such a thing. That is textbook definition visa fraud. Do not even remotely consider this since it will cause much more problems than it will fix. I suggest you wait out the process for your CR1 visa and avoid making another mistake.

By the way, if the case was approved in June, it's been way too long if the NVC hasn't received it yet. I don't know how successful that motion may be since you left the US without AP and they denied it properly.

You should get a new lawyer, or proceed on your own, because this lawyer seems to be giving you bad advice. I have seen it happen a few times here already, people denied because of bad lawyers.

[Melody2 0]

Thank you so much for your helpful advice. I am not in contact with my lawyer anymore since he is not trusted.

I am not going forward with the F-1 Visa, but still am not sure if I do decide to just apply for the Visa and go to the embassy, it would work against me or if I would be just denied. My school sent me a valid I-20 and now thats just sitting there ready to go to the consulate. Oh and what should I tell my school if I am not going forward with the F-1 application?

I have another question: I was approved for the I-130 in june as I mentioned before. The approval letter stated that it wsd approved and sent to the NVC. It has been more than 4 months and the NVC still didnt receive it. So I took your advice amd called the USCIS again and explained them the situation. They said that the USCIS assumed that I was present in the US (why would they mention.then.in the approval notice that it has been sent to the NVC??). I asked the officer to please sent it to the NVC soon since it has been 4 months. Long story short, I just received a letter that says that I have to file for an I-824 to have the USCIS send my case to the NVC.

I just dont understand why I.have to do that now? They told me before that it will be sent to the NVC.

A sidenote, we filed for adj. of status and for I-130 in the US and now I am in Germany.

Thank you for reading and every advice will be appreciated!