Visiting US before a F-1 (student visa) or J-1 (exchange scholar visa) issues

[korswe 0]

Hello! I have a question about entering the U.S. before a non-immigration visa (J1 or F1) issues.

I plan to apply for a F1 or J1 visa. As the F1 or J1 visa is pending, I want to visit the US for a month and THEN go back to my country (visa-waiver program country) to wait for the F1 or J1 to issue. After the F1 or J1 issues, I would like to come into the U.S. until my educational program ends. So, the issue is can I visit the US and go back before the F1 or J1 issues?

Apply for F1 or J1---------------->visit the US---------->after one month, go back to my country--------->F1 or J1 visa issues--------->come in under J1 or F1 visa.

I don't see any problem with this, because I'm not trying to adjust my status while I'm in the US.

Thanks for the help! You guys are awesome!

[korswe 0]

Does the same rule for visiting while K1 visa is pending apply to my case? That is, as long as I can show that I do intend to go back home (e.g., morgage payment, schedule of classes, other incumbrances that would require me to go back...), I can visit while a visa process is pending. Is this a good assumption?

Edited October 8, 2007 by korswe

[blueblue 0]

Visiting while K1 or F1 is pending is OK, BUT you have to convince the POE that you are visiting. If they are not convinced, they will send you home (the K1 is a bigger issue as it has immigrant intent, while the F1 is viewed differently). It depends on who greets you that day. Certainly lots of people have done it, but lots have been sent home. The best you can do is bring all the evidence that you don't intend to stay and hope for the best.

Edited October 8, 2007 by blueblue

[Caladan 19]

The issue's the same on any non-immigrant non-dual intent visa. Can you show that you intend to return home on this trip? Whether the F-1 is pending is sort of irrelevant here, because the F-1 is a non-immigrant visa (so it's not as though there's a strong presumption of immigrant intent like it would be if you had a fiancee in the States, just the usual presumption.)

As long as you adhere to the terms of the VWP, you should be fine. Proof of ties is not a bad idea, but if you have a well-defined visit with a well-defined return date and purpose, you should be in good shape.

[Penguin_ie 5,986]

One thing to keep in mind: your profile says you are applying for K3; if that is the case, you will most likely have difficulty getting another visa in the meantime.