Some advices to apply for a student visa with a pending I-130

[RandomGirl0509 5]

Hello, everyone 

Hope you are okay 

Looking for pieces of advice, today I want to share my experience. 

Last year, I was looking for opportunities to continue my studies in graduate school. I have experience in the engineering research area. But I didn't receive responses or offers with a financial support. So, tired of trying, in September, my husband sent the I-130 application. A month later, a professor contacted me, and we had a couple of meetings to see if our ideas matched. She had the commitment to be my advisor, and my doctoral program journey began. She offered me full funding, and also she gave me time (I applied for fall 2023 instead of spring) to see if my I-130 application hopefully could be approved before starting my program. Clearly, it was not my case ahaha so, I refused to lose this big opportunity, and I planned to apply for a student visa. I am already in to the doctoral program, and I am waiting for my I-20 form to start the student visa process. I have been looking at the chances to receive an approval with my student visa, due to I have an intent to immigrate (I-130 pending petition), and there are no good probabilities to my favor. However, trying is not harmful to my petition, so I want to try, I really want to enhance my career. 

With all this on the table, is there someone here that applied for a student visa with an I-130 pending? how everything went?

For other people, could you please provide me an advice for my interview? I know I have to be really honest with all my processes. 

Thank you very much! 

Have a nice day

[Dashinka 23,253]

I don't expect the success of the F1 to be very high, and the examples I found by searching here have not turned up any successes.  That being said, you can always try, but don't get your hopes too high.  Maybe discuss this with your academic advisor letting them know you have the I130 pending and see if you can delay the program until the I130 plays out and you get your spousal visa.

 

Good Luck!

 

Btw, I searched "student visa I 130 pending"

 

 

[retheem 553]

On 5/1/2023 at 11:04 AM, RandomGirl0509 said:

Hello, everyone 

Hope you are okay 

Looking for pieces of advice, today I want to share my experience. 

Last year, I was looking for opportunities to continue my studies in graduate school. I have experience in the engineering research area. But I didn't receive responses or offers with a financial support. So, tired of trying, in September, my husband sent the I-130 application. A month later, a professor contacted me, and we had a couple of meetings to see if our ideas matched. She had the commitment to be my advisor, and my doctoral program journey began. She offered me full funding, and also she gave me time (I applied for fall 2023 instead of spring) to see if my I-130 application hopefully could be approved before starting my program. Clearly, it was not my case ahaha so, I refused to lose this big opportunity, and I planned to apply for a student visa. I am already in to the doctoral program, and I am waiting for my I-20 form to start the student visa process. I have been looking at the chances to receive an approval with my student visa, due to I have an intent to immigrate (I-130 pending petition), and there are no good probabilities to my favor. However, trying is not harmful to my petition, so I want to try, I really want to enhance my career. 

With all this on the table, is there someone here that applied for a student visa with an I-130 pending? how everything went?

For other people, could you please provide me an advice for my interview? I know I have to be really honest with all my processes. 

Thank you very much! 

Have a nice day

You will lose 100% of the chances you never take. Apply and let the chips lie where they lie

[RandomGirl0509 5]

On 5/2/2023 at 3:26 PM, retheem said:

You will lose 100% of the chances you never take. Apply and let the chips lie where they lie

You were right, VO approved my visa 😊

[RandomGirl0509 5]

On 5/1/2023 at 11:31 AM, Dashinka said:

I don't expect the success of the F1 to be very high, and the examples I found by searching here have not turned up any successes.  That being said, you can always try, but don't get your hopes too high.  Maybe discuss this with your academic advisor letting them know you have the I130 pending and see if you can delay the program until the I130 plays out and you get your spousal visa.

 

Good Luck!

 

Btw, I searched "student visa I 130 pending"

 

 

thank you for your advice  

VO approved my visa 😊

[doctor01 0]

Hello, did the VO ask anything about whether you would return to your home country after finishing your degree?

[Crazy Cat 39,288]

23 minutes ago, doctor01 said:

Hello, did the VO ask anything about whether you would return to your home country after finishing your degree?

 

Zhang - U.S. Immigration & Counseling Home (hooyou.com)

The INA requires that at the time of F-1 visa adjudication, the consular officer be satisfied that the alien intends to depart upon termination of his/her student status. Consequently, the consular officer must be satisfied that the applicant, at the time of visa application:

1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the United States upon completion of his/her course of study.

[doctor01 0]

40 minutes ago, Crazy Cat said:

 

Zhang - U.S. Immigration & Counseling Home (hooyou.com)

The INA requires that at the time of F-1 visa adjudication, the consular officer be satisfied that the alien intends to depart upon termination of his/her student status. Consequently, the consular officer must be satisfied that the applicant, at the time of visa application:

1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the United States upon completion of his/her course of study.

But the OP said that they have already applied for i130

[Crazy Cat 39,288]

6 minutes ago, doctor01 said:

But the OP said that they have already applied for i130

Getting a student visa after having filed an I-130 is extremely, extremely rare.  By law, the VO should not have approved a student visa if he/she knew about the I-130.  Perhaps the VO was not made aware of the immigrant intent.

Edited May 21, 2023 by Crazy Cat

[RandomGirl0509 5]

49 minutes ago, Crazy Cat said:

Getting a student visa after having filed an I-130 is extremely, extremely rare.  By law, the VO should not have approved a student visa if he/she knew about the I-130.  Perhaps the VO was not made aware of the immigrant intent.

Mmm maybe if the VO see a truly intention of only study and return when it is necessary (to finish the resident process in the country of the beneficiary), they will approved the visa. I was truly honest with all. In my DS-160 I said my husband is petitioning me through I-130. I think is all about try, be honest and do all with the full intention of only pursue your education.