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Here on tourist visa but wants to change to F-1?

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  • Here on tourist visa but wants to change to F-1?

    I am actually the sponsor for a 21 year old that at one time was my exchange student from Czech. He arrived here on 1/16 on a tourist visa and the I-94 has an out date of July 15.
    He has applied to a community college here and I have filled out the affidavit of support. Everything is in place except the TOEFL and that will be taken on 2/23.
    So the school will issue an I-20 in March.
    I just want to make sure I have the procedures correct.
    We will send the I-20 and a completed I-539 along with the affidavit of support and $300 in to change the visa to F-1. Is that right?
    Now - I also need to know if this is a problem - his I-94 expires 7/15 but the first actual day of fall classes is 8/18. So is that 30 day rule a problem?
    We thought about starting at summer session, but that would only give less then a month for all this to be processed.
    Any help would be appreciated.

    Mike

  • #2
    he can not change status unless he notified the immigration officer at the port of entry that he planned to study. otherwise his petition will be denied.

    this is done to prevent fraud and he will be better getting an I-20 and applying for a visa in home country. a proper F1 visa.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Yes, it's true your friend should have declared the purpose of his visit and that is searching for college education.He hasn't so it's gonna be ahrd. But still you can try. Throw in a good motivational letter with the papers! Might help! Can't guarantee though!
      But the problem is the 30-day gap you have till classes start.Ask the international coordinater at the college. He might remmeber similar cases and help u somehow. Otherwise you can still take the chance.The worst is the $300 loss. Or you can apply for a tourist extension for another 6 months and in the motivational letter state that you wanna look for continuing your education in the US.If you get this extension apply for F1. This might actually be safer. Yet I'm not sure. If you are interested I can give you the number of a lawyer who deals only with immigration affairs and is very good.
      But whichever way you chose please keep me informed!
      I'm very interested in your case!
      Good luck!

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