Transfering from j-1 to F-1 while j1 waiver is still pending

[Ajmal 0]

Hi everyone,

My wife won a DV lottery 2017 and got a green card. I am a student with j1 visa subject to 2 years rule. I applied for a the waiver of 2 year rule and it is still pending. My wife and my one-year old daughter is living in California without anyone supporting them. So, it is extremely hard financial situation. I need to be with them to support them. I cannot do it by leaving the U.S. Because it is very hard to support 2 households from Afghanistan. Therefore I want to apply to a college and want to obtain an F-1 status. By doing so, I will be able to kind of support them and study as well. Now, my question is that by applying to F-1 visa while my J-1 waiver is still pending, will I negatively affect my Adjustment of Status or immigration petition in the future? Does this approach means FRAUD? 

[Transborderwife 4,666]

Ok think logically for a second. On a student visa you have to show intent to return home, how do you do that with a us resident wife and child?  Also you'd have to independently fund your education, full tuition which is very expensive.  You're better off trying to get a no objection waiver and filing an f2a.

[SusieQQQ 11,584]

I believe applying for a non immigrant visa would cancel AOS, but you already demonstrated immigrant intent anyway so it wouldn't be granted. You may just have to wait for the waiver to go through...

 

Edited March 28, 2017 by SusieQQQ

[Ajmal 0]

1 hour ago, Transborderwife said:

Ok think logically for a second. On a student visa you have to show intent to return home, how do you do that with a us resident wife and child?  Also you'd have to independently fund your education, full tuition which is very expensive.  You're better off trying to get a no objection waiver and filing an f2a.

thank you! I already applied for j1 waiver based on extreme hardship. I was thinking of finding a scholarship.

[Ajmal 0]

50 minutes ago, SusieQQQ said:

I believe applying for a non immigrant visa would cancel AOS, but you already demonstrated immigrant intent anyway so it wouldn't be granted. You may just have to wait for the waiver to go through...

 

When my wife was issued a visa, I was in the U.S. with j-1 visa and my visa was expired already. So, I could not travel back to Afghanistan at that time.

Do you think applying for a j1 waiver demonstrate immigrant intent?
 

[SusieQQQ 11,584]

3 hours ago, Ajmal said:

Do you think applying for a j1 waiver demonstrate immigrant intent?
 

You're applying for the waiver to be able to get a green card, aren't you? If you get it before September you can still get a derivative DV one based on your wife's case, after that a normal spouse based one. I mean, is there any other reason you'd logically apply for the waiver given your current circumstances?

of course, if your wife filled in a DS260 form for you after the win then the immigrant intent is already clearly demonstrated, but even without it the facts of your case seem obvious...

Edited March 29, 2017 by SusieQQQ

[Ajmal 0]

17 hours ago, SusieQQQ said:

You're applying for the waiver to be able to get a green card, aren't you? If you get it before September you can still get a derivative DV one based on your wife's case, after that a normal spouse based one. I mean, is there any other reason you'd logically apply for the waiver given your current circumstances?

of course, if your wife filled in a DS260 form for you after the win then the immigrant intent is already clearly demonstrated, but even without it the facts of your case seem obvious...

You are right, I understood. Thank you very much