 |
 | Home | Contact Us | FAQ | Search & Site Map | Link to Us |
 | Sign In | Join | Other 45 Sites in Network |
| HomeDiscussion GroupsAustralia and NZCanadaUSAUSA Marriage Base ImmigrationKB.com Contact UsLink To UsSearch & Site Map |
Immigration Forum / USA Marriage Base / March 2006Tourist to F1 to LPR?
Hi everyone, A few weeks ago I received a boatload of help from some very generous people when I posted some questions about the greencard process. We've since mailed our I-130 and accompanying documentation and are awaiting the stream of correspondence with the NVC, followed by my interview and medical in London. Another element has just now entered the equation - I've been offered a place at Boston University, with the F1 that entails. We'll be flying over from the UK to the US together on 11th May to set up our new home. I had then planned to fly back once my three months' tourist visa (waiver) are up (10th August or thereabouts) but the F1 could kick in by 1st September. Here's my question: Can I Adjust Status from tourist to student while in the US? This would avoid me having to come back to the UK needlessly early while I await my London interview. I could AOS, stay in the US as long as I needed, and return to London whenever I am called. I'm not quite ready to get into the complex answer to the question, "what happens if you get called for interview in London after the semester has started and you're expected to be in class?" That's for figuring out a little later!! Also note that I don't have to become a student this year. I could get my Green Card and work, applying again next year. But I've been accepted, and it feels like too good a chance to turn away. Thanks in advance for your thoughts. Yours, Graham Dixon You should probably post your question in alt.visa.us. This forum is dedicated to marriage-based immigration. K-1, K-3, etc. - Eric S. > Hi everyone, > [quoted text clipped - 32 lines] > > Graham Dixon [snip] > You should probably post your question in alt.visa.us. This forum is > dedicated to marriage-based immigration. K-1, K-3, etc. or I-130 from the 3rd line of his post -F > - Eric S. > Hi everyone, > [quoted text clipped - 32 lines] > > Graham Dixon It is obvious from your post here as well as other posts you've made elsewhere on this newsgroup that you are intent trying to find a way to immigrate from the VWP/tourist visa. Unfortunately it is illegal to enter the US on the VWP/tourist visa with intent to stay and adjust status (= immigrate). I personally have no idea whether you can enter the US on the VWP/tourist visa and then switch to the F1 visa, but in this case that's really irrelevant anyway. Your primary goal here is to immigrate, not to study. (You yourself even said so!) So, in my book, that's a no-no. But, see, you HAVE to be prepared for those sorts of possibilities BEFORE you jump into anything. When immigrating you have to think long-term. For instance, I find it curious that you would prefer to try to adjust from a status which would make you eligible for naturalization after five years rather than only three years. Ok, you may not actually PREFER that, but the path you're asking about taking would mean just that. You essentially want to shave a few months off the time you have to be separated from your wife, rather than shave at least two YEARS off the time it would take before you're eligible to become a US citizen -- and thus rid yourself from a lifetime of immigration hassle afterwards. Failing to think ahead long-term is only setting yourself up for potential problems and a lack of understanding of how to tackle them should they happen. I thought those here on the F1 student visa HAVE to be... you know... students? Oh, wait... I forgot that you are thinking of trying to enter the US on an F1 visa and then ditching it to apply for a green card. Or is it that you're looking to enter the US on the VWP/tourist visa, switch to the F1 visa and THEN apply for a green card? Either way you're looking at 10- Foot Pole City and I don't recommend it. ~ Jenney > It is obvious from your post here as well as other posts you've made > elsewhere on this newsgroup that you are intent trying to find a way [quoted text clipped - 36 lines] > > ~ Jenney My intention is, and always has been, to gain Green Card status legally and through all normal channels. I was married last Sunday with exactly this intent in mind - I also happen to be totally crazy about my lady, so it was a great way to do things. Being a student is not simply a method of entering the US. I've been a musician for about 23 years and that is my chosen field - I'm not just using it in order to enter the country. Besides, the massive rigmarole of a raft of postgraduate applications hardly makes it a straightforward way to enter the country. I could think long-term if I could read the minds of the admissions panels, or know where my job would be in a few months. But I can't, and don't. When did I say I want to become an American? I'm British and I rather like it. Nope. Graham > Hi everyone, > [quoted text clipped - 32 lines] > > Graham Dixon An adjustment is non-immigrant to immigrant, you are referring to a change of status. And no, based on your plans you are not eligible to enter on VWP anyway. > An adjustment is non-immigrant to immigrant, you are referring to a > change of status. And no, based on your plans you are not eligible to > enter on VWP anyway. I know he couldn't adjust to F1 via VWP, but what if he got a B2 visa? Not easy to get one of those for a Brit I know, and normally be something if you were going to look for places rather than having a place at uni...but just curious... > I know he couldn't adjust to F1 via VWP, but what if he got a B2 visa? > Not easy to get one of those for a Brit I know, and normally be > something if you were going to look for places rather than having a > place at uni...but just curious... Hmmm.. that might actually work..! I had a Venezuelan student manage it - and the US Govt generally hates Venezuelans..! > I know he couldn't adjust to F1 via VWP, but what if he got a B2 visa? > Not easy to get one of those for a Brit I know, and normally be > something if you were going to look for places rather than having a > place at uni...but just curious... Or what about switching from VWP to F1 in Canada? We switched from VWP to H1b/H4 in Vancouver - only took a day. > Or what about switching from VWP to F1 in Canada? We switched from VWP > to H1b/H4 in Vancouver - only took a day. Can someone come in on an F1 with the intention of AOS and be fine though? I thought you could only do that with H1, but I could be totally wrong... anyone know? > Can someone come in on an F1 with the intention of AOS and be fine > though? I thought you could only do that with H1, but I could be > totally wrong... anyone know? L1 is also dual intent...don't think F1 is though. > Can someone come in on an F1 with the intention of AOS and be fine > though? I thought you could only do that with H1, but I could be > totally wrong... anyone know? Nope - F-1 specifically asks if a spouse or fiance/e is a USC, and is not a dual intent. > Hi everyone, > [quoted text clipped - 32 lines] > > Graham Dixon Hi Graham: You are drafting some interesting examination questions for the California or Texas State Bar Immigration Specialization Applications. The path you suggest probably won't work and can cause screw-ups you can't imagince. Given the length of time you have, there might be other ways that would work better, if they work at all. Given the fact that your plans now involve one of Massachussets' leading industries, you might consider some light political intervention. Just a thought.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization |
Reply to this Message |
 Sign In
 Join
 My Latest Posts My Monitored Threads My Blog My Photo Gallery My Profile My Homepage Start New Thread Enable EMail Alerts Rate this Thread
|
©2009 Advenet LLC Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.