F-1 Visa with pending I-130 petition

[Chantiago 0]

Hello everyone!

 

I was wondering if I could apply for a F-1 Visa while my I-130 is pending?

How would the process be like? Would I have to go through AOS?

Please help!

[mushroomspore 3,043]

Not an expert but my guess is that the F1 would be denied. F1 is non immigrant. Makes no sense since you have a pending immigrant visa. Just wait until you have that. That way, you won't pay outrageous international student tuition fees.

[Just Paul 4,591]

1 hour ago, mushroomspore said:

That way, you won't pay outrageous international student tuition fees.

. . . generally after the first year of residency.

[mushroomspore 3,043]

1 minute ago, Paul & Mary said:

. . . generally after the first year of residency.

As in, schools only let you pay domestic fees if you've been an LPR for 1 year or longer??

[aaron2020 11,651]

An F-1 student visa is a non-immigrant visa that requires you to show a foreign home you intend to return to.  You will not be able to meet that requirement with a US spouse and a pending immigration petition.

[aaron2020 11,651]

5 minutes ago, mushroomspore said:

As in, schools only let you pay domestic fees if you've been an LPR for 1 year or longer??

To qualify for in-state tuition, a person has to meet the school's residency requirements.  Generally, living in-state for one year.  Sometimes, the residency of a spouse may satisfy the residency requirement.

[Sellamalola 222]

2 hours ago, Chantiago said:

Hello everyone!

 

I was wondering if I could apply for a F-1 Visa while my I-130 is pending?

How would the process be like? Would I have to go through AOS?

Please help!

Since you have a i130 pending it’s hard for you to get approved for a non immigrant visa because you already have immigrant intent. You could adjust status if you’re petitioned in the US after entering with a F1