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Lullaby123

F1 Visa Interview Denied

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Filed: Other Timeline

Hi guys,

 

I hope this is a right place to ask this question. My sister recently failed her F1 interview and we understand my background played an important role here. I came to the US years ago on F1 visa, got married and I'm currently in line for citizenship interview. My plan is to bring my parents here after I'm naturalized. Most of my extended family is in the US and I only have a sibling, and I think she will be over 21 when my parents receive their green card to start filing the paperwork. I understand it's tricky here, but I do hope she can go to college in the US and learn English. By the time she graduates from college, she'll be able to become a resident through my parents. Otherwise, it might be harder for her to go to school, learn English and make new friends at a later age. My spouse and I are willing to pay for her out-of-state tuition.

 

I was wondering if there was any solution for this? I've been in the States for so long and really want to see my little sister more often. My mom wouldn't be able to move here if my sister is left alone in my home country. 

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F1 requires non-immigrant intent, clearly not the case here. Correctly denied. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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  • 3 weeks later...
Filed: AOS (apr) Country: India
Timeline
On 4/20/2017 at 2:35 AM, Lullaby123 said:

Otherwise, it might be harder for her to go to school, learn English and make new friends at a later age.

If your parents petition for your sister after receiving their green cards, how long would it take for your sister to receive a green card? If your sister disclosed your relationship to her in her F-1 application, then USCIS likely perceived immigrant intent and denied her application. If she enters the USA with a F-1 visa, USCIS might assume that you will petition for her green card with a I-130 once you become a citizen, even though this might take 10-12 years for the process to complete.

 

I understand that you would love to see your sister more often. :) As for learning English, why can't your sister start in your home country? There are so many resources out there. It would be much easier for her to integrate into American society and make friends if she knows some English to begin with. Age doesn't have to be a factor. There are many people who successfully integrate into English speaking societies even though they have never lived anywhere except their home countries. Your sister can also continue her education in the USA once she is able to immigrate, e.g. with a MA and PhD, with an undergraduate degree from her home country. My mum got her PhD in her late 30s/early 40s when we lived in the UK.

Edited by Allie D

Married to US Citizen. I'm the beneficiary.

 

Adjustment of Status (AOS) from F-1

  • Priority date: 2016-09
  • Initial interview for I-485: 2017-06. Approved on the same day.

 

Removal of Conditions (ROC)

  • Eligible starting: 2019-03
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Filed: K-1 Visa Country: Wales
Timeline

Lot of information missing but just on the basis of what has been shared not that surprising.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 4/20/2017 at 8:42 AM, KierenHby said:

F1 requires non-immigrant intent, clearly not the case here. Correctly denied. 

Agree.

 

Maybe have your sister apply to colleges in Canada. I'm guessing it's closer to the US than your home country.

AOS FROM - F1 OPT                                                                                                                                             ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                          Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center] 

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                   Day 09 - Mar-21-2018- Check Cashed                                                                   

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                 Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                 Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                       Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]                              Day 406-Apr-22-2019 - New Card Is Being Produced

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]                                   Day 410-Apr26-2019 - Received ROC Approval Letter

Day 85 - Aug-31-2016 - Received EAD Card                                                                                                    Day 414- Apr-30-2019 - Received 10-year Green Card :dance:

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced]                              N400   5-yr-based                      

Day 118 -Oct-03-2016 -  Received AOS Approval Letter                                                                               Day 00 - Mar-12-2021- Submitted N400 Application online

Day 121 -Oct-06-2016 - Received Conditional Green Card [ROC opens ~ Mar 10, 2018]                       Day 322 - Jan-28-2022- N400 Interview Scheduled

                                                                                                                                                                                  Day 353 - Feb-26-2022- Interviewed. Approved. Same Day Oath 🇺🇸

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Filed: AOS (apr) Country: India
Timeline
16 minutes ago, controlla said:

Agree.

 

Maybe have your sister apply to colleges in Canada. I'm guessing it's closer to the US than your home country.

Based on what I've heard, it's easier to get student visas in Canada. More students from my high school in India ended up going to Canadian universities than American ones, partly because they had families in the USA. So yes, @controlla has some good advice worth looking into.

Married to US Citizen. I'm the beneficiary.

 

Adjustment of Status (AOS) from F-1

  • Priority date: 2016-09
  • Initial interview for I-485: 2017-06. Approved on the same day.

 

Removal of Conditions (ROC)

  • Eligible starting: 2019-03
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