f1 visa while i-130 pending

[judyuuu 0]

I am a foreigner planning to immigrate to US with my family through family preference visa i-130. After 10 years of waiting, my mother(principal applicant)'s case filed by my uncle has finally begun processing and i am listed as her accompany. We have sent all our documents to NVC and is waiting for the interview but nvc is not responding to our emails and their work is very slow, so i don't know when our interview will take place. It could take many months. The problem is, i have been admitted to a graduate school in US with full tuition scholarship, so i need to start school this August. To go to US, I was going to apply for f-1 visa, but it seems the problem is bigger than I had thought. I know that filing for i-130 shows my immigrant intent and that it conflicts with f-1 visa which has non-immigrant intent.

 

I must go to the US no later than this August. What should I do in this situation?

1. Should I withdraw my i-130 petition? (plus, can I withdraw from the case alone and let my mother proceed with her case?) will this make me eligible to recieve f1 visa?

2. Should I file for f1 visa while i130 pending and try to convince the officer at interview? what is the possibility of this opiton

3. Is it true that withdrawl from i-130 will NOT put me at greater chance of getting f1 visa because immigrant intent has already been revealed?

 

Sorry for my english, Many thanks in advance 
 

[Unlockable 7,309]

What is your current age? Are you covered from not aging out?

[judyuuu 0]

4 hours ago, NuestraUnion said:

What is your current age? Are you covered from not aging out?

i'm 22 amd nvc told me that I am covered from not aging out.

[Lain 64]

6 hours ago, judyuuu said:

i'm 22 amd nvc told me that I am covered from not aging out.

When is your PD?

There is no guarantees, that your F1 visa will be issued even if you'll refuse your GC, which is not so smart in my opinion, especially when you are waiting already for the interview. You probably know, that filing a separate petition for you as an adult (>21) it'll take 7+ years to get your immigrant visa and everyone are talking, that this family category might be canceled, so I wouldn't risk and would try to file for F1 while I-130 is pending and would do my best trying to convince, that you are serious about studying there even when your family will move to US.

You just might get lucky.

[judyuuu 0]

27 minutes ago, Lain said:

When is your PD?

There is no guarantees, that your F1 visa will be issued even if you'll refuse your GC, which is not so smart in my opinion, especially when you are waiting already for the interview. You probably know, that filing a separate petition for you as an adult (>21) it'll take 7+ years to get your immigrant visa and everyone are talking, that this family category might be canceled, so I wouldn't risk and would try to file for F1 while I-130 is pending and would do my best trying to convince, that you are serious about studying there even when your family will move to US.

You just might get lucky.

Thank you for the advice.

 

the reason why there is no guarantee even if i refuse my GC is because it will still be in my records and immigration intent has already been revealed, right?

 

and what do you think i should do in order to better convince the officer?

i heard there is higher burden of proof and some people told me that possibility of getting a f1 visa while i130 pending is slim to none.

[Lain 64]

5 hours ago, judyuuu said:

Thank you for the advice.

 

the reason why there is no guarantee even if i refuse my GC is because it will still be in my records and immigration intent has already been revealed, right?

 

and what do you think i should do in order to better convince the officer?

i heard there is higher burden of proof and some people told me that possibility of getting a f1 visa while i130 pending is slim to none.

No, there is no guarantees at all getting this type of visa. It's true, that it's difficult to get it, especially overseas. For example, when I applied for B1/B2 visa, I heared F1 refusal, saying, that you can study your specific program and at local universities, but it doesn't mean, that this apply to you. Each case is different.

The best you can do, it's to tell the truth about your studies, school graduation and family intentions to live in US.

Good luck