F1 visa while I-129f is pending

[Vladislav667 60]

Hello. Do u think it’s possible to get f1 student visa (in Kazakhstan or Ukraine) while k1 is pending? My major is English language and the USA in general. So I would want to study there for like 6 week (and of course live with my fiancé)

[aaron2020 11,651]

No.  You need to show non-immigrant intent.  Also, you need a degree program.  An F1 is not for a six weeks language course.  Furthermore, it will be obvious that the primary purpose is to live with your fiance. 

[Crazy Cat 41,981]

6 minutes ago, Vladislav667 said:

Hello. Do u think it’s possible to get f1 student visa (in Kazakhstan or Ukraine) while k1 is pending? My major is English language and the USA in general. So I would want to study there for like 6 week (and of course live with my fiancé)

Very doubtful. One of the conditions for an F-1 is that you must convince the IO that you intend to return to your country after your education.  I think IOs would have doubts.

[Vladislav667 60]

17 minutes ago, aaron2020 said:

No.  You need to show non-immigrant intent.  Also, you need a degree program.  An F1 is not for a six weeks language course.  Furthermore, it will be obvious that the primary purpose is to live with your fiance. 

As I saw online some agencies offer a six week language program with f1 visa. I understand the thing about immigrant intents but maybe there’s a chance that I could convince the IO. My major is literally in English language and American studies. This is really an honest thing

15 minutes ago, Lucky Cat said:

Very doubtful. One of the conditions for an F-1 is that you must convince the IO that you intend to return to your country after your education.  I think IOs would have doubts.

Very true. But maybe I’ll get lucky. Have u heard of some situation like that?

[aaron2020 11,651]

The CO will believe that you will marry and adjust status if you get an F1 visa.  The CO doesn't have to prove anything to deny the F1 visa.  The burden will be on you to show that's not true.  How would you do that?

[SalishSea 17,928]

1 hour ago, Vladislav667 said:

Hello. Do u think it’s possible to get f1 student visa (in Kazakhstan or Ukraine) while k1 is pending? My major is English language and the USA in general. So I would want to study there for like 6 week (and of course live with my fiancé)

Looks like a work-around to having to wait your turn with everyone else.

 

You can study English remotely from your country just as easily.

[Vladislav667 60]

40 minutes ago, aaron2020 said:

The CO will believe that you will marry and adjust status if you get an F1 visa.  The CO doesn't have to prove anything to deny the F1 visa.  The burden will be on you to show that's not true.  How would you do that?

Because of my education. I pay for that and still have two years to finish

[aaron2020 11,651]

1 minute ago, Vladislav667 said:

Because of my education. I pay for that and still have two years to finish

Yet, you have a K-1 pending.  A K-1 that will likely be granted before 2 years.

 

Best of luck.  

[Vladislav667 60]

2 minutes ago, Jorgedig said:

Looks like a work-around to having to wait your turn with everyone else.

 

You can study English remotely from your country just as easily.

Looks like but it’s honestly not. We will never do anything against the rules. 
 

Online classes is nothing compared to this. 

[SalishSea 17,928]

Just now, Vladislav667 said:

Looks like but it’s honestly not. We will never do anything against the rules. 
 

Online classes is nothing compared to this. 

It is very unlikely you will get a student visa at this point.

[Vladislav667 60]

Just now, aaron2020 said:

Yet, you have a K-1 pending.  A K-1 that will likely be granted before 2 years.

 

Best of luck.  

My university can allow students to study online once they’re married. 
thank you

Just now, Jorgedig said:

It is very unlikely you will get a student visa at this point.

Cannot not agree

[aaron2020 11,651]

1 minute ago, Vladislav667 said:

My university can allow students to study online once they’re married. 

Since your university allow students to study online then how it is a tie to your country?

 

[Vladislav667 60]

Just now, aaron2020 said:

Since your university allow students to study online then how it is a tie to your country?

 

It’s an unpublished rule, but I understand what you are saying. 
I just don’t understand how come people discuss getting tourist visa while k1 is pending in an optimistic way but f1 visa is “very doubtful”

[SalishSea 17,928]

2 hours ago, Vladislav667 said:

It’s an unpublished rule, but I understand what you are saying. 
I just don’t understand how come people discuss getting tourist visa while k1 is pending in an optimistic way but f1 visa is “very doubtful”

Having adequate ties to your home country is not an “unpublished rule.”   COs are required by law to treat all applicants for non-immigrant visas (whether B or F) as risks for adjusting status.

 

The burden is on YOU, the applicant, to demonstrate ties that refute this.

 

And btw, were you to ask about obtaining a B visa, we’d tell you the same thing.   If you had an existing B visa, or were able to travel with an ESTA/visa waiver, that would be entirely different.

Edited June 2, 2021 by Jorgedig

[powerpuff 6,734]

If you have funds for the student visa and travel to another country to get it, you’re free to do as you like. We’re just answering your question and telling you if it’s realistic. And it’s really not. Immigration officers are trained to assume every applicant has an immigrant intent. With a K-1 petition pending, is impossible to convince them otherwise, be it F1 or B visa.

 

The consulate here in Almaty resumed tourist visas (actual interviews, not extensions) back in December 2020. I know several people who booked their interviews. I didn’t even entertain an idea to apply because I know the chances of me getting a tourist visa is nil. 
 

 

Edited June 2, 2021 by powerpuff