Is B1\B2 visa valid after in land status changed?

[Tanveer_Kapoor]

Hello,

I have enter USA on tourist visa (B1\B2) in 2014 (Valid till 2024) and did status change to student visa (F1) (i94 shows Admit until 03-31-2015) (i797C I-539 received 03-19-2015) (I-797A Receipt date 03-23-2015 Notice date 12-042015Valid from 12-12-2015) (Will my duration will consider as over stayed? till I got my F1 Approval Valid from 12-12-2015 Valid until valid for duration of status) got approved (No stamp on passport) inland I was in USA till 2018 on Student visa (F1). Then I moved to Canada (in 2018) got married to Canadian citizen. Currently having Indian citizenship and Canadian PR.

The question is these November 2022 my wife's cousins getting married in USA and they have invited us for wedding can I still reenter USA on tourist visa (B1\B2 as its valid till 2024) or I need to re-apply for new tourist visa because of change of status inland to student (F1) and not having stamp on passport before leaving USA?

If yes tourist visa (B1\B2) stamped on passport still valid, speaking practically will the immigration officer will let me enter the USA or not as I previously enter USA on same status (B2) and change of mind to student (F1) he/she can deport me and bard me from reentering? (I will have my wife (Canadian citizen) traveling with me and will have return ticket for both of us)

Thank you.

[Libra_14]

Need little more information. Basically exact dates you entered into USA & when you changed status to F1 (changing status after 90 days stay should be fine).

It will depend on immigration officer to see if you misused your B2 visa in 2014 (by entering in USA as tourist & then switched to student) or was that totally coincident that you had to switch.

[Tanveer_Kapoor]

Entry date is October 01, 2014, entry valid till March 31, 2015, on i94
Changing dates to F1 is in my above question. I went there for pleasure but found that their English accent was different than other world, so I thought to study English there and applied for F1 no intention

[Libra_14]

So in that case, you filed your COS application before expiry of your B1/B2 I94, so you were not over stayed, rather waiting for your updated I94.

Upon your next entry into USA, you might be questioned about why you switched to F1, be ready to answer that truthfully & to prove that your intention this time also not to switch your status, rather just attending the wedding & return.

Again, the onus is on you to prove that you'll return after attending the wedding.

All the best !

[Tanveer_Kapoor]

Thank You for the fast reply.

I do have return Tickit with me and my job letter and my Canadian citizenship filled in process so I will be definitely returning back to Canada and my wife is Canadian citizen who will be travelling with me. Will that be enough ties to convince the office, or should I show him my mortgage in process documents which I will be signing once I am back as the process is taking time.

[Libra_14]

Hard to say for sure, what a VO will look at the time of your entry into USA, but yes, whatever you mentioned & can carry as documentary proof, please do that.

High chances you will get admission without needing any documentation, but why take chances.

[Tanveer_Kapoor]

Thank you for all your replies really appriciate the knowledge shared throw forum...