Entering US before F1 Visa is confirmed?

[emykins]

Hello,

My boyfriend applied to a US college and is awaiting his acceptance
letter and F1 Visa forms; and we're wondering if he's allowed to come to
the US while his F1 Visa form is being processed at the embassy in London?

His date to arrive in the US if he's accepted would be about August 28th,
and he'd want to come to the US around mid-July for a week or two, and then
come back home before leaving again for US to the university.

I've read around that you're only allowed to enter 30 days before school
starts, but I'm not sure about this.. and would like some confirmation, because
30 days wouldn't really be sufficient with what he would like to do.




Thank you.

[txh1b]

Is he going to enter using Visa Waiver? How long does it take embassy to process a F1 visa? May be a week, right? If he plans on returning and again entering on a F1 visa before the school starts, he can visit US.

But if he intends to stay here for the F1, he cannot use visa waiver (As no status changes are allowed). F1 students can only enter 30 days before the program starts.

[emykins]

I haven't even got a clue what Visa Waiver is.. I live in the US,
and he's from Wales -- we met on the internet, and have flown
back and forth to each others houses several times now, and we've
never needed any special visa's at all so-far, so this will be a completely
new process to go through.

He would be coming to the US without any other special visa's during
July, if possible.. and then coming back home as usual. In August he would
then leave again, this time using his F1 Visa because he'll be staying a
long period of time in university.

[txh1b]

What you have been doing is using visa waiver all these days.

One more thing, the fact that he has a girlfriend in the US is a bad thing for the F1 visa as F1 applicants have to prove non-immigrant intent and that may work against the F1 visa. VO may assume he may get married and never return which can be grounds for denial of F1 visa.

[emykins]

Yeah, through the few times I've come through immigration
here in the UK, I've realized they don't really like the situation
very much.. which I understand, but they're never very nice
about it either!

Do you have any suggestions as to what to do to prove that
he intends to only study in the US? Obviously he's partially coming
here to be with me, also, but he would only be here on the terms
of his F1 Visa.. we'd have no intentions of going about it any other
way... what if at some point down the road we plan on marrying?
Any info on that sort of Visa process as well..??

[txh1b]

A F1 student should not have immigrant intent in their mind at the time of visa application or anytime of re-entering US. Once inside US, the intentions can change after 90 days (not as per the law but by many legal attorneys). A good 90 day wait time to change intentions is not viewed upon badly by USCIS.

He has to show ties to UK for a F1 visa. Family, investments, future job prospects, business etc are all examples of showing ties to home country.

[emykins]

Okay; any thoughts of marriage or him wanting to legally
move and become a citizen to the US wouldn't happen for
another few years down the road -- until then we'll have to
continue to travel back and forth between our countries.
The fact he's going to be in college now for a few years in
the US will slow the traveling down a bit, though. So that's good.

The only problems I've had coming through customs are as
you've told me, stating that I have an intent to leave. I haven't
had a job to claim yet and etc. so hopefully the next couple
times I'm here it will go much smoother, as I'll have a job then.

He hasn't had any problem at all coming through to the US so far.




So what you said earlier is that he should be fine to visit the US,
on a vacation basis (visa waiver) while his F1 visa was being processed?
None of that only-30-days-before-school stuff?

[txh1b]

Just applying for a school in US does not make "F1 visa being in process". A visa is in process only when the I-20 is submitted along with the DS156 at a consulate requesting a visa.

Hope it is clear. He can travel on visa waiver until then.

The 30 day school stuff applies if he travels after the F1 visa is stamped on his passport and he tries to enter with an I-20 from a school.

[emykins]

Yes, sorry about that.. I meant once he receives the
proper forms from the college, and then sends them off
to be prepared, and he would be traveling back to the US
just as a normal visitor, while back in the UK his visa was
being processed. And then he would leave a 2nd time to
the US with the actual F1 visa once it's approved & ready.

Hope I'm clear as well! Sorry about that.

[txh1b]

He should not travel while in process at the consulate. There is no process as such. One applies for the F1 visa and gets approved or denied immediately and gets the visa if approved in couple of days depending on the consulate and during the so called process he would not have his passport in his possession to travel anyway.

[emykins]

Okay -- that clears that situation up for me; thank you
for being patient and answering my questions!

[ipal]

This another but similar Q.
I am in EU as well, just got an F-1 visa.
Waiting for the stamp now.

Can I enter in June with my tourist visa and then go e.g. Canada for a few days and enter with the F1 to start school?

[txh1b]

You could possibly do that. But visits to Canada with a return in 30 days doesnt get you a new I-94. You should specifically go to the CBP at the border (if driving), return your tourist I-94 and pay $6 and get a new I-94 and enter as a student.

Be ready to give a good reason to the CBP at airport as to the reason of your tourist entry initially.

[ipal]

I dont intend to violate any rules of my tourist visa BTW...
Might they deny entry? Or ask that I return home & enter from there?

I have a valid reason for the tourist entry, but its a personal issue, nothing to do with school.

Again, I was told by US embassy here, that I can do it, as long though I return back home B4 I start school...
Should I risk ask @ the embassy the "what if I go to Canada" scenario?

[txh1b]

You can visit Canada and re-enter and specifically tell the CBP that you are changing status to F1 now, hand over the old I-94 and get a new one with the new status.