F1 visa while waiting for CR1 interview.

[TDA 0]

I got DQed last year September. While waiting for my spousal visa interview, I applied to a top school in the US thinking that I will already be in the US by the time the school resumes. The school is resuming in September and there is no sign that I will get the spousal interview done any time soon.

My questions are:

1. What are the chances of getting the F1 visa?

2. If I get the F1 visa, do I have to come back to interview for CR1 or do change of status in the US?

3. If I don't get the F1 visa, will it in anyway affect my CR1 visa?

[canadian_wife 1,791]

1. That depends.  What do you plan on showing the consulate to indicate that you WILL return to your home country if you receive an F-1 visa?  Do you plan on leaving?  Will your husband return with you? 
 

2. using a non immigrant visa, like an F1, to adjust status in the US is fraud and no one will advise this. 

 

3. no unless you intentionally lie or misrepresent yourself.

 

good luck 

 

Edit to add - what country are you from?

Edited May 30, 2022 by canadian_wife

[Boiler 43,584]

As a side note how would you expect the chance to be calculated?

 

Some sort of secret equation.

[carmel34 3,532]

13 hours ago, TDA said:

What are the chances of getting the F1 visa?

You have shown immigrant intent with the spousal visa process.  Your chances of getting an F-1 hinges on convincing the officer that you will return to your country.  Your chances are very low for getting an F-1 in my opinion.

[TDA 0]

12 hours ago, canadian_wife said:

1. That depends.  What do you plan on showing the consulate to indicate that you WILL return to your home country if you receive an F-1 visa?  Do you plan on leaving?  Will your husband return with you? 
 

2. using a non immigrant visa, like an F1, to adjust status in the US is fraud and no one will advise this. 

 

3. no unless you intentionally lie or misrepresent yourself.

 

good luck 

 

Edit to add - what country are you from?

Thank you for your reply, I am from Nigeria.

 

1. My husband is not planning to come to Nigeria because he was born and brought up in the US.

I plan to come back if I am yet to get through with my CR1 but I know it will be difficult to prove that to the CO.

 

2. If I get the F1 visa and I am able to enter the US, what would you advise that I do with my CR1 interview?

12 hours ago, Boiler said:

As a side note how would you expect the chance to be calculated?

 

Some sort of secret equation.

Lol, I just wanted to know if anyone has been in my shoes before.

[TDA 0]

40 minutes ago, carmel34 said:

You have shown immigrant intent with the spousal visa process.  Your chances of getting an F-1 hinges on convincing the officer that you will return to your country.  Your chances are very low for getting an F-1 in my opinion.

Thank you so much.

[nastra30 2,002]

15 hours ago, TDA said:

I got DQed last year September. While waiting for my spousal visa interview, I applied to a top school in the US thinking that I will already be in the US by the time the school resumes. The school is resuming in September and there is no sign that I will get the spousal interview done any time soon.

My questions are:

1. What are the chances of getting the F1 visa?

2. If I get the F1 visa, do I have to come back to interview for CR1 or do change of status in the US?

3. If I don't get the F1 visa, will it in anyway affect my CR1 visa?

Unfortunately, covid messed up your plans. You can certainly try and get F1 visa but since it's a non-immigrant visa you must be able to convince the CO that you'll return after your studies. Some schools may allow you to defer for another year. Check with the school to see if that can be an option.

[SalishSea 16,817]

2 hours ago, TDA said:

Thank you for your reply, I am from Nigeria.

 

1. My husband is not planning to come to Nigeria because he was born and brought up in the US.

I plan to come back if I am yet to get through with my CR1 but I know it will be difficult to prove that to the CO.

 

2. If I get the F1 visa and I am able to enter the US, what would you advise that I do with my CR1 interview?

Lol, I just wanted to know if anyone has been in my shoes before.

Your question #2 makes it pretty obvious that you’d have no intention of returning home on the F1, which is a requirement for getting that visa.

 

You need to wait for the proper nonimmigrant visa like everyone else.

[Timona 3,951]

You're not getting an F-1 interview to make it to this school year, unfortunately. Just defer the semester and save the $$

 

[retheem 553]

Pending CR1, applying for an F1 visa, from Chineke and Chinedu land

 

Lol oga, good luck with that.

[TDA 0]

6 hours ago, nastra30 said:

Unfortunately, covid messed up your plans. You can certainly try and get F1 visa but since it's a non-immigrant visa you must be able to convince the CO that you'll return after your studies. Some schools may allow you to defer for another year. Check with the school to see if that can be an option.

Yeah, Covid really messed things up.

Thank you for your advice.

[TDA 0]

5 hours ago, Jorgedig said:

Your question #2 makes it pretty obvious that you’d have no intention of returning home on the F1, which is a requirement for getting that visa.

 

You need to wait for the proper nonimmigrant visa like everyone else.

Ok, I will do just that.

Thank you.

2 hours ago, Timona said:

You're not getting an F-1 interview to make it to this school year, unfortunately. Just defer the semester and save the $$

 

Thank you for the advice.

[Coco8 1,039]

Quote

 I applied to a top school in the US

If it's truly a top school and a very competitive program you could get lucky with F1. I do know someone in your situation who did got the F1, but it was an Ivy league school for a Ph.D. program with full scholarship & fellowship. You could try.

 

However, I recommend asking the program if you can defer until next year. In a way, to start a program you have to be in the right mind frame and it could be a very big move (start classes, new home, moving in with your partner), plus having to go through AOS. It might be too much and distract from your studies. 

[TDA 0]

On 6/19/2022 at 10:56 PM, Coco8 said:

If it's truly a top school and a very competitive program you could get lucky with F1. I do know someone in your situation who did got the F1, but it was an Ivy league school for a Ph.D. program with full scholarship & fellowship. You could try.

 

However, I recommend asking the program if you can defer until next year. In a way, to start a program you have to be in the right mind frame and it could be a very big move (start classes, new home, moving in with your partner), plus having to go through AOS. It might be too much and distract from your studies. 

Thank you some, I really appreciate your advice.