ANY chance I will get F-1 visa after completing DS 260?

[kalyani 1]

Hi everyone,

 

I am an Australian citizen recently selected for further processing in 2018 DV program. I have been admitted to do my masters in California starting early Sept this year and do not yet have my student visa. In my excitement of being selected for DV I completed my DS 260 straight away, but have just realized this may completely stop me from getting to start my course on time.

 

I have savings and investments in Australia and am a pretty happy go lucky person, if I had not got the DV, I probably wouldn't have considered trying to immigrate - I know that's going to sound weird, but I'm young, single and free-spirited! 

 

All that said, I feel that my chances of proving non-immigrant intent to get an F-1 visa are now slim to none, BUT has anyone ever tried? Is there any chance at all? Or do I need to contact my college? 

 

Thank you!

[Penguin_ie 5,986]

There is still a chance.

However, another option may be to postpone the Masters for a year, then do it as a greencard holder with )probably) smaller tuition fees than a foreigner.

[EmilyW 1,226]

I second @Penguin_ie's excellent suggestion.  As a resident of California, your tuition will be much smaller.  

[SusieQQQ 11,584]

Check the requirements though - for California afaik you need to have been resident for at least a year before starting school in order to get in state tuition. https://students.ucsd.edu/finances/fees/residence/criteria.html

This is for the UC system - it's possible other schools differ so do check your particular school though.

 

I'm no expert on F1 but tbh I'd be surprised if they issue you one. It will be a massive burden of proof for you to convince them that you don't intend to hang around and do AOS once your number is current. You can certainly contact the immigration office at your college for advice, though - it's possible they know a workaround or other way for you to successfully apply for F1.

 

Edited May 7, 2017 by SusieQQQ

[kalyani 1]

Thanks SusieQQQ

 

Actually the tuition fee is not the issue, the timing is moreso, because I was accepted for fall semester and I just want to go and do it. (I'm going to a small private college not a UC btw)

 

 

I'm no expert on F1 but tbh I'd be surprised if they issue you one. It will be a massive burden of proof for you to convince them that you don't intend to hang around and do AOS once your number is current.

Yeah, that's what I saw as the problem, and if I could stll take the DV opportunity, I would like to. 

 

Is there any penalty for just applying for a non-immigrant visa like that and then getting rejected on immigrant intent grounds. For future visa apps I mean?

 

Thanks all for your feedback.

[SusieQQQ 11,584]

 

Thanks SusieQQQ

 

Actually the tuition fee is not the issue, the timing is moreso, because I was accepted for fall semester and I just want to go and do it. (I'm going to a small private college not a UC btw)

 

Yeah, that's what I saw as the problem, and if I could stll take the DV opportunity, I would like to. 

 

Is there any penalty for just applying for a non-immigrant visa like that and then getting rejected on immigrant intent grounds. For future visa apps I mean?

 

Thanks all for your feedback.

I don't believe there is a "penalty" as such, but the visa application forms always ask if you have ever been rejected before, so there will certainly be more scrutiny involved in any future application. Of course...if you have a green card, that's irrelevant. 

 

If you really want a DV, would there be a way you can ask the college to defer admission (explain your predicament) and find something else useful/fruitful to do until you move to the US?

[kalyani 1]

9 hours ago, SusieQQQ said:

I don't believe there is a "penalty" as such, but the visa application forms always ask if you have ever been rejected before, so there will certainly be more scrutiny involved in any future application. Of course...if you have a green card, that's irrelevant. 

 

If you really want a DV, would there be a way you can ask the college to defer admission (explain your predicament) and find something else useful/fruitful to do until you move to the US?

Thanks again. I think you are right that deferring might be the best option. I'm just a little desperate to start this year.

 

I would even be willing to pay the money to just try applying for an F-1 visa, as long as that doesn't jeopardize my 'already started' DS-260. Even to get it and fly to U.S. to be turned back at the border and fly back again, seriously, I would be willing to do that, if the only thing I have to lose from that is money and not the chance of my DV. I really want to start on time this year!

As far as I can see applying for an F-1 just to be rejected wouldn't do any harm, except the lost money.

 

Interestingly the DOS site says...

Quote

Submitting Form DS-260 does not formally execute a visa application.  The visa application is not formally made until the visa applicant(s) is interviewed by a U.S. consular officer.

Does that mean I haven't technically made an immigrant application yet? And could still apply for NIV until the interview?

 

I'm also going to reach out to my contacts and college though, to see what they say. Thank you all again!

[SusieQQQ 11,584]

3 hours ago, kalyani said:

 

Interestingly the DOS site says...

Does that mean I haven't technically made an immigrant application yet? And could still apply for NIV until the interview?

No, it means you technically haven't formally made a visa application in front of an officer yet. But by submitting the DS260 you have clearly demonstrated immigrant intent. That's the key issue. 

[jan22 2,906]

Being denied a student visa will not affect your DV processing, but it will likely affect your ability to use the Visa Waiver program.  If that presents a problem for you, it's something to consider.

[kalyani 1]

4 hours ago, jan22 said:

Being denied a student visa will not affect your DV processing, but it will likely affect your ability to use the Visa Waiver program.  If that presents a problem for you, it's something to consider.

Thanks jan22.

 

It wouldn't be a problem because I would plan to do the DV application anyway and get the green card - where I wouldn't need an ESTA again right?

 

I feel like the issue might be even if I did get a student visa and get into the country, trying to schedule my interview in the U.S. and then do AOS is going to look like pre-conceived intent right? Because it would seem like given my case number it would come up for interview in October or November which will be really soon after I arrive in U.S. in late Aug.

[SusieQQQ 11,584]

32 minutes ago, kalyani said:

 

I feel like the issue might be even if I did get a student visa and get into the country, trying to schedule my interview in the U.S. and then do AOS is going to look like pre-conceived intent right? Because it would seem like given my case number it would come up for interview in October or November which will be really soon after I arrive in U.S. in late Aug.

Indeed it would - but that's probably why you won't even get a student visa...

incidentally, with AOS, it's very unusual to actually manage to have your interview in the month your number becomes current - it's often only months later. (Of course, you would submit your AOS package s soon as you could anyway to still start the process as soon as possible). If you want your green card as soon as possible then consular processing is a much better bet. 

[psbat 0]

On 5/7/2017 at 3:15 AM, kalyani said:

Hi everyone,

 

I am an Australian citizen recently selected for further processing in 2018 DV program. I have been admitted to do my masters in California starting early Sept this year and do not yet have my student visa. In my excitement of being selected for DV I completed my DS 260 straight away, but have just realized this may completely stop me from getting to start my course on time.

 

I have savings and investments in Australia and am a pretty happy go lucky person, if I had not got the DV, I probably wouldn't have considered trying to immigrate - I know that's going to sound weird, but I'm young, single and free-spirited! 

 

All that said, I feel that my chances of proving non-immigrant intent to get an F-1 visa are now slim to none, BUT has anyone ever tried? Is there any chance at all? Or do I need to contact my college? 

 

Thank you!

Hi Kalyani,

I know it has been a while since you posted this. However, I am in a similar situation now Do you mind sharing whether you were able to get the F1 visa or not?

[geowrian 22,336]

1 minute ago, psbat said:

I know it has been a while since you posted this. However, I am in a similar situation now Do you mind sharing whether you were able to get the F1 visa or not?

The OP hasn't visited VJ (while logged in at least) for over 2 years.

[kalyani 1]

no... i asked my college to defer and came a year later on my green card. it's not possible to travel on a non-immigrant visa while an immigrant visa is processing

[SusieQQQ 11,584]

45 minutes ago, kalyani said:

no... i asked my college to defer and came a year later on my green card. it's not possible to travel on a non-immigrant visa while an immigrant visa is processing

That second sentence a patently false statement (which I can say with certainty because I’ve done it). But I can see why getting a F1 visa granted under these circumstances would be very difficult.