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F1-application and Diversity Visa application - dual intent?

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  • F1-application and Diversity Visa application - dual intent?

    Hi,
    I really hope, somebody can help me. I'm a little scared right now.

    My husband and I both applied for the Diversity Visa last October. Only after we submitted the applications, an opportunity arose for me to apply for graduate school at an US university - which I did. Now, I have been admitted to graduate school and hence need to apply for a student visa (F1 or J1). I didn't read about the "dual intent" issue until today. I'm really worried about how to proceed with the whole process. Shall I submit my visa application before we learn whether we were selected for the greencard (early May) or should I wait? In the latter case, if I was selected, may I "withdraw" afterwards to show my intent of not wanting to immigrate? What about my husband (who will require a dependent visa)?
    I keep reading that questions regarding the greencard lottery frequently come up during the visa interviews. I guess, it doesn't help that my parents live in the US on a working visa - it makes it even more difficult for me to prove my intention of returning to my home country after graduating.

    I simply didn't know that I am not allowed to apply for and get a student-visa if I have immigration intentions, i.e. playing the diversity visa lottery (especially since many students get a HB1 and in the longterm a greencard after studying in the US). In fact, I did know that you mandatorily had to return to your home country, if you are on a J1-visa. I did not know the same applies to F1-visa holders.

    Thank you very much in advance!
    Last edited by siniang; 04-01-2015, 05:41 AM.

  • #2
    Your odds of winning the diversity lottery are very low so don't worry about it.
    If you don't win, they will not know about it and you shouldn't mention it.
    If they ask if anyone ever filed an I-130 petition on your behalf, your answer is no because nobody ever filed a permanent resident application on your behalf including you.

    If your parents live and work in the US, it should be no problem. If they're not permanent residents, all you say is that they're in the US
    temporarily, which is the truth, regardless of their intentions. Your parents intentions have no impact on your visa application.

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