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Can I apply for F1 Study Visa or TN-1 working visa whilst having family petition

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  • Can I apply for F1 Study Visa or TN-1 working visa whilst having family petition

    Can I apply for F1 Study Visa or TN-1 working visa whilst still having my F4 Family Petition in progress since 2012?


    I applied for a F4 Sibling Immigration visa back in 2012. It is still in queue as a petitioner. I am on an ESTA visa but might get my Canadian passport imminently.

    Now I want to either apply for:

    1) TN-1 working visa (if I get my Canadian passport in time).
    2) F1 Student Visa while my wife is on F2.
    3) F2 Student Visa while my wife studies if this is better for visa acceptance.
    4) If I get my Canadian passport in time, I apparently don't need a F1 or F2 visa, but just provide my I-20 at point of entry. Can this be done and will the be dual intent issues.

    My wife is listed as a spouse on my immigrant petition that is taking years. So is it better that she is F1 and I am F2?

    Are there conflicts of dual intent, or any other issues and what is the best way of applying, either to work or study so I can be close to my elderly parents in the states for a while.

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