change of status b1 to f1 RFE help

[anony872 0]

Hello all,

I have received a RFE recently from USCIS after applying for change of status from b1/b2 to f1 via I-539

in the RFE USCIS has asked me plenty of questions which has gave me the doubt that they are trying to find a way to reject my Change of Status.

RFE is asking for following:

1. NEW I-20 with new start term date with same SEVIS number

2. Financial Support documents bank statement, paystups and sponsor letter i-134 etc. (Sponsor info)

3. Reason given for obtaining the B-1 Visa at US Consulate (It was medical reason visiting my father) Provide proof of tourism in chronological order and cities/towns visited

4. A detailed chronological list with (exact to dates) of the activities engaged since in USA, towns and tourist attractions visited (Provide documentary proof)

5. Explanation how or from whom i heard about the school and what made me apply for admission to the school.

6. Provide documentary evidence of the day you applied for admission to the school.

7. Statements regarding the reason and justification for returning to school at this time and how would the schooling benefit me to return to home country.

8. Submit proof for all residential addresses in USA, telephone bills, utility bills and receipts since arrival in states.

______________

* Now its asking me for Statements regarding the reason and justification for returning to school at this time and how would the schooling benefit me to return to home country.

* Submit justification for remaining in the U.S to study instead of institution in home country.

So now, I am here not to ask for answers to the RFE, ofcourse I will provide them as suited for me but I want to ask how do I approach this RFE? It seems to be very negative with so many questions and statements, seems like they are not convinced that I am a bonafide visitor going to become a bonafide student and want to see if there was a preconceived intent but I have not violated my status in anyway.

So, my question is what are the chances of approval? I applied 3.5 months later while in usa and I had no intention to study before but after visiting university campus near where I lived that then I decided to approach a degree.

I do have an attorney but she seems to be not very helpful, sadly they do not take much interest in RFE's.

I would appreciate if anyone can share their experience or tell me a template or a sample that I can follow? Like an order or any tips that could help me get this approval.

thank you very much in advance

[anony872 0]

Anyone that can help me out?

[Brit1 54]

I think your question would receive more answers in the student visa forum (since it doesn't pertain to adjustment of status).

I suspect you got so many questions because coming over as a tourist and then suddenly deciding to attend university is not a very common thing to do - they likely think your primary reason for applying for the F1 is to continue to live in the US, and not to attend school. Did you not have to show ties to your home country when applying for the tourist visa? What happened to these ties?

Good luck!

[Mounat 74]

Your suspicion of their suspicions about your bona fide switch would be right. Visiting a new country as a tourist then suddenly deciding to go to an institution of higher learning (likely a multi-year commitment) doesn't pass the smell test.

Even worse, you say you received the B-1 visa for medical reasons ostensibly to visit your father who is sick?

I'm not sure what a lawyer can do for you in this case. They probably realize your chances of getting this approved are low.

If this is what you really want to do and you have been accepted by the school, why not return home and apply for visa from there? You've already applied for and received a tourist visa in the past which would only make your case stronger.

Right now to USCIS you look like someone who's trying to stay at any cost and the RFE is their way of telling you that much.

[KayDeeCee 4,891]

~ Moved from AOS from Work, Student & Tourist Visas to Student & Exchange Visitor Visas - topic not AOS, but change of status to F-1 student visa ~

[Unlockable 7,306]

I agree with the other posters that it DOES look suspicious that you claim to want to only visit the US for your father because of health reasons but now all of a sudden you are enrolled in school.

Looks like from the questions and information they are requesting you have a lot of explaining to do. Reply to the RFE the best you can and hope for the best but prepare for the worst. You still have a tourist visa and you can definitely return home and apply for a student visa from your own country.

But yes it does seem like they are not convinced you had bonafide tourist intentions.

[anony872 0]

I would like to add this information,

I visited my father last year, end of the year , for 1 week.(father passed away and I returned to my home country). On my 2nd trip to USA, I came with my mother to USA, at port of entry I said I want to help my mother adjust and also tour sites and visit places since I was not able to last time and then I applied for change of status after 4 months. Strongly, the reason that I applied is because I wanted to get a better job position in my home country (I work as a Real Estate/Construction firm manager and I chose Management Information Systems to get a better job or better position in the same firm.

I do so agree with the suspicion and the change of intent but I have in no way jeopardized my status and I have visited all around States and cities, I have plenty of pictures and proof of my bonafide visitor intent but still, I believe they wont be easily convinced thats why Im here to get best possible advice on this.

It does seem a drastic switch and on top of that I've had 2 F1 rejections in the past in 2014. I believe my case seems very weak, Should I go back after even applying change of Status? Wouldn't if affect my case that I tried to change status in USA?just visiting and touring around.

I dont wanna jeopardize my application or chances of receiving F1 in future. Anyone can give me optimum advice? I am 25 years old and I have already spent 6 months in USA on my b1 visa. I don't think the Consul Visa officer will appreciate that..

Edited October 19, 2016 by anony872

[jan22 2,897]

I would like to add this information,

I visited my father last year, end of the year , for 1 week.(father passed away and I returned to my home country). On my 2nd trip to USA, I came with my mother to USA, at port of entry I said I want to help my mother adjust and also tour sites and visit places since I was not able to last time and then I applied for change of status after 4 months. Strongly, the reason that I applied is because I wanted to get a better job position in my home country (I work as a Real Estate/Construction firm manager and I chose Management Information Systems to get a better job or better position in the same firm.

I do so agree with the suspicion and the change of intent but I have in no way jeopardized my status and I have visited all around States and cities, I have plenty of pictures and proof of my bonafide visitor intent but still, I believe they wont be easily convinced thats why Im here to get best possible advice on this.

It does seem a drastic switch and on top of that I've had 2 F1 rejections in the past in 2014. I believe my case seems very weak, Should I go back after even applying change of Status? Wouldn't if affect my case that I tried to change status in USA?just visiting and touring around.

I dont wanna jeopardize my application or chances of receiving F1 in future. Anyone can give me optimum advice? I am 25 years old and I have already spent 6 months in USA on my b1 visa. I don't think the Consul Visa officer will appreciate that..

I'm sorry to hear about your father.

The questions you are being asked in the RFE letter are all things you would have to provide to a visa officer in order to get an F1 approved. You are not being asked anything out of the ordinary for an F1 processing. Having spent more than six months in the US in a little less than a year (per your posts, six months on this visit and a week at the end of last year), USCIS wants to make sure of your intent about and qualifications for a student visa. Add into that two denials for a student visa, it is, IMO, unlikely that your change of status will be approved.

Again, IMO, you would be better off to leave at the end of your approved stay and start re-building your ties in your home country (having been away for six months) before you start pursuing other opportunities in the US.

Edited October 20, 2016 by jan22

[ywi75 1]

It seems like a standard procedure!!

[anony872 0]

I'm sorry to hear about your father.

The questions you are being asked in the RFE letter are all things you would have to provide to a visa officer in order to get an F1 approved. You are not being asked anything out of the ordinary for an F1 processing. Having spent more than six months in the US in a little less than a year (per your posts, six months on this visit and a week at the end of last year), USCIS wants to make sure of your intent about and qualifications for a student visa. Add into that two denials for a student visa, it is, IMO, unlikely that your change of status will be approved.

Again, IMO, you would be better off to leave at the end of your approved stay and start re-building your ties in your home country (having been away for six months) before you start pursuing other opportunities in the US.

Thank you so much for your response jan22,

But according to my own knowledge, these are not visa officer requirements for getting an F1, For an F1, a student must provide bonafide studying intent and strong ties to home country.

The only question that is similar to an F1 visa question is the benefit of completion of studies on return to home country, This one is the most striking one.

I have seen many cases which took 1.5 years to get approval, they were in USA while awaiting their approval eventually got their approval after RFE. Do you believe people who stay in USA for 1.5 years indicate strong ties to home country? then why were they approved?

USCIS adjudicate applications within USA differently as compared to US Consul abroad, thats what I've seen. Usually if you are rejected a change of status in USA, you have very less chances of getting approval abroad considering you pretty much jeoparized your B1/B2 visa by changing Status to study.

Anyways,

This still does not answer my question, There is slight chance to get this RFE approved by showing strong documentary evidence and reasoning, statements which made me change mind. I would appreciate some sort of tips or go through for this.

Thanks again

[anony872 0]

I'm sorry to hear about your father.

The questions you are being asked in the RFE letter are all things you would have to provide to a visa officer in order to get an F1 approved. You are not being asked anything out of the ordinary for an F1 processing. Having spent more than six months in the US in a little less than a year (per your posts, six months on this visit and a week at the end of last year), USCIS wants to make sure of your intent about and qualifications for a student visa. Add into that two denials for a student visa, it is, IMO, unlikely that your change of status will be approved.

Again, IMO, you would be better off to leave at the end of your approved stay and start re-building your ties in your home country (having been away for six months) before you start pursuing other opportunities in the US.

Thank you so much for your response jan22,

But according to my own knowledge, these are not visa officer requirements for getting a F1 Visa, A student must demonstrate bonafide studying intent and strong ties to home country.

The only question that is similar to an F1 visa question is the benefit of completion of studies on return to home country, This one is the most striking one.

I have seen many cases which took 1.5 years to get approval, they were in USA while awaiting their approval eventually got their approval after RFE. Do you believe people who stay in USA for 1.5 years indicate strong ties to home country? then why were they approved?

USCIS adjudicate applications within USA differently as compared to US Consul abroad, thats what I've seen. Usually if you are rejected a change of status in USA, you have very less chances of getting approval abroad considering you pretty much jeoparized your B1/B2 visa by changing Status to study.

Anyways,

This still does not answer my question, There is slight chance to get this RFE approved by showing strong documentary evidence and reasoning, statements which made me change mind. I would appreciate some sort of tips or go through for this.

Thanks again

Edited October 20, 2016 by anony872

[Boiler 43,396]

When does your course start, are you still in status?

[Mounat 74]

So this is your second B-1 visa? It wasn't clear from your original post. It doesn't seem like going home and applying from there is your best course of action. You must respond to this RFE to the best of your ability and consult a capable attorney before sending the response. In the RFE, tell your story to the fullest, unlike the bits you have posted here. And share with your attorney the paperwork from the two earlier F-1 rejections. You must show that the reasons for the earlier rejections are no longer applicable.

If I may ask, what is your nationality? It's OK if you don't want to say here but, unfortunately, in the eyes of USCIS, not all countries are created equal. Yes, it's not fair but some nationalities have to jump through hoops that others don't. Be cognizant of that in your responses.

Good luck.

Edited October 21, 2016 by Mounat

[Boiler 43,396]

So this is your second B-1 visa? It wasn't clear from your original post. It doesn't seem like going home and applying from there is your best course of action. You must respond to this RFE to the best of your ability and consult a capable attorney before sending the response. In the RFE, tell your story to the fullest, unlike the bits you have posted here. And share with your attorney the paperwork from the two earlier F-1 rejections. You must show that the reasons for the earlier rejections are no longer applicable.

If I may ask, what is your nationality? It's OK if you don't want to say here but, unfortunately, in the eyes of USCIS, not all countries are created equal. Yes, it's not fair but some nationalities have to jump through hoops that others don't. Be cognizant of that in your responses.

Good luck.

[Mounat 74]

Didn't see that on the phone. I was guessing too OP was from India.

Good news for him is the US is full of Indian F-1s. That's also kinda the bad news since USCIS has ample experience and precedents.

Still, do your best and be honest throughout. I hope you will succeed.

Edited October 21, 2016 by Mounat