soon-to-be F1-Student trying to come earlier than my student visa allows.

[rwe1803 0]

Hey, I'm moving to Portland this fall to continue my college-studies! I was hoping to be able to spend the summer to cruise around in the US, but my F1-visa states that I'm not allowed to enter the country more than 30 days prior to school-start.

However, my contact at the university sent me this: "You will not be able to enter the US on student visa more than 30 days prior to the start date on your I20. Unfortunately, there is no exception to this rule. However, there is a way that you could enter come here for the summer but it's not something we recommend.

You could enter the US as a tourist for the summer. As a Swedish citizen, you do not require tourist visa. You can enter under the Visa Waiver Program. You can be in the US for up to 90 days under this program.

Prior to the start of fall term (classes start end of September), you must exit the US and enter on student visa. Again, this option is available, but it's not something we would recommend as it may create some problems when entering on student visa."

So, is it possible for me to just go up to Canada/down to Mexico and get a stamp in my passport and then simply re-enter on my student visa?

What do I say when I enter the US the first time? That I don't wish to use my student visa but my tourist visa?

My understanding so far is that it seems like there's a legit way of going around this. By filling out the forms: i-539, i-94,i-20, and then re-issue these to the consulate?

Is this the way to do it, or is the risk so small that it's worth to just take a trip elsewhere for a stamp in my passport?

Cheers RWE

[lost_at_sea 995]

Yeah, I mean, what the university are telling you to do is legit. You can go to the USA on a tourist visa (or waiver programme, as your country allows) but on the way in the immigration officer may question any visas you have in your passport. Will you have your student passport in your visa by then? It sounds like it. So yeah, you'll have to be prepared to explain that you're just here as a tourist this time, but you'll be leaving on X date (show return information) and then you'll be entering as a student on this date later. It should really be pretty clear what you're doing to them, and that you have obviously followed a very legit route to come to the States. Be super clear with them that you're coming on the tourist visa and it is not connected with your upcoming studies.

Either way - if you want to enter as a tourist, as your school suggests, you will have to leave and re-enter on your student visa so that you're then in the country on the correct visa (as when you go in, they log which type of visa you're there on and that's how they know if you overstay etc. so you wouldn't want to accidentally enter on a tourist visa when you're meant to be on something else and then be there more than 90 days).

[Penguin_ie 5,987]

Yes that is all legit. There is a chance you will be denied entry on the border when trying to enter on the visa waiver program, but if you can afford the (small) chance of loosing your air fare, go for it.

[rwe1803 0]

Yeah, I mean, what the university are telling you to do is legit. You can go to the USA on a tourist visa (or waiver programme, as your country allows) but on the way in the immigration officer may question any visas you have in your passport. Will you have your student passport in your visa by then? It sounds like it. So yeah, you'll have to be prepared to explain that you're just here as a tourist this time, but you'll be leaving on X date (show return information) and then you'll be entering as a student on this date later. It should really be pretty clear what you're doing to them, and that you have obviously followed a very legit route to come to the States. Be super clear with them that you're coming on the tourist visa and it is not connected with your upcoming studies.

Either way - if you want to enter as a tourist, as your school suggests, you will have to leave and re-enter on your student visa so that you're then in the country on the correct visa (as when you go in, they log which type of visa you're there on and that's how they know if you overstay etc. so you wouldn't want to accidentally enter on a tourist visa when you're meant to be on something else and then be there more than 90 days).

Cheers, that's comforting.

When will I make the statement that I'm there on my tourist visa? At the airport when I fly in?

And I have a return ticket to Sweden which I don't intend to use if I instead can just drive up to Canada to be able to re-enter on my Student visa. Nevertheless, this is what I show them the first time around to prove that I intend to leave as I will be there on a tourist visa at first?

[CC90 90]

You won't have a tourist visa. You'll be using VWP. Your student visa won't be valid for entry, so there's no way you can use it. There won't be any confusion there.

You will have to apply for and be approved for ESTA.

As others have said, explain that you're leaving (show proof). If you go over land to Canada/Mexico, make SURE that they send you into the office to get an I-94 (you'll need to pay a fee) when you come back, otherwise they might accidentally admit you as VWP.

[rwe1803 0]

You won't have a tourist visa. You'll be using VWP. Your student visa won't be valid for entry, so there's no way you can use it. There won't be any confusion there.

You will have to apply for and be approved for ESTA.

As others have said, explain that you're leaving (show proof). If you go over land to Canada/Mexico, make SURE that they send you into the office to get an I-94 (you'll need to pay a fee) when you come back, otherwise they might accidentally admit you as VWP.

Send me in to what office? At the border? Looks like I will be going to Canada to do this by the way if that has any significance.

And how can they accidently admit me as VWP if I tell them that I'm entering on my i-20, which I will have in my passport?

Thanks in advance

RWE

[rwe1803 0]

You won't have a tourist visa. You'll be using VWP. Your student visa won't be valid for entry, so there's no way you can use it. There won't be any confusion there.

You will have to apply for and be approved for ESTA.

As others have said, explain that you're leaving (show proof). If you go over land to Canada/Mexico, make SURE that they send you into the office to get an I-94 (you'll need to pay a fee) when you come back, otherwise they might accidentally admit you as VWP.

I also found this http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

"A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain approval for a change to Exchange Visitor status, filing Form I-539 , Application for Change of Nonimmigrant Status and pay the fee. Also you must submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that one can not begin studies until the change of classification is approved."

That would make my plans completely legit, am I right?