ESTA during one month, then F1 visa ?

[Xif 0]

Hello everyone,

I planned to enter in USA with an ESTA, stay one month, go to canada, stay one week, and back to USA with my F1.
I can enter 30 days before my I20 date, but i'm in holliday, I want to move.

Is it possible ? :/

My fligth is next tuesday....

(i already have my ESTA+F1 VISA)

Thank in advance for your anwsers...

[Mark88 183]

It might be possible. Usually when you travel on VWP, on trips to Mexico or Canada this doesn't restart your allowed days on VWP and your I-94 stays valid.

[Xif 0]

Thanks for your anwser mark,

That the main problem.

But They check when I leave US to canada ? because you said that my VWP is still valid if I move to mexico, canada, caraibean.

If I say to the immigration that I want to close my VWP because after canada I'm going to france it can work ? (even if its not true ?)

I've a return ticket to france on 14 december, I can say after canada I leave and when I'm in canada I change my plane ticket ?

VWP and F1 Visa are two differents things, so if I show my F1 when i'm back to US how can they know if my VWP is still valid ? they check only if I've all the paper for enter no ? (I20/SEVIS/F1 VISA/FINANCIAL PROFF)

I try to handle this thing legaly but it's hard, i'm so stressfull about this situation...

Its so ridiculous, if the immigration say no, I must back to france (11hours for return, 11 hours for back to US) for show the SAME paper ? just for cancelled my VWP....

Edited October 22, 2014 by Xif

[Mark88 183]

How, if and when they check is a CBP process not publicly known. The rules are pretty clear though on the VWP. You can't travel to canada, mexico or the caribbean if you want to "reset" your VWP (http://canberra.usembassy.gov/vwp/mexico_canada.html). You have basicly four options:

1) Go over the border, come back and enter under F1. It might work.

2) Go to a different country (anything south of Mexico -> Guatemala, Belize...). You don't necessarly have to go to France.

3) Change your travel plans and don't enter more than 30 days before your F1 takes effect.

4) Apply for a visitor Visa (B2) at your embassy and do a change of status with form I-539 once you enter the US.

The fourth option is a little tricky, even if it's probaly the most legal and cheapest (compared to a plane ticket to france). The change of status would have to be completet before your studies. If USCIS needs 3 months to process your application you won't be able to start your studies. And always the possibility that the application is denied.

If I were you I would go on short visit to France or a weekend in Belize is nice, too.

[Xif 0]

Ok, thank for your complete anwser.

It sounds a little bit weird that I must "reset" my VWP because I go back to LA with a F1 visa, which is a totaly differente paper, I understand if it was with my VWP again because you can do that each 3 months for reset and come back, but here I show a differente paper...

I hesitate between your 1) solution or the 2), but thank you for your advises

[Mark88 183]

I think you might have a good chance with 1) as a EU-citizen. But just keep in mind you might have to book a flight from Canada to France and reenter the US that way.

[Xif 0]

Last question, they check my F1 visa in canada or in US when I come back to LA after my week in canada ?

I already have my return ticket US->FRANCE, but I can change the date as I want for free.
If it doesn't work with my F1, I come back to LA with my VWP, and I leave US with my reserved ticket.

[Mark88 183]

That should work.

[jan22 3,056]

I would be very cautious in any attempt to play games with US immigration officers. You have, basically, said here that you will lie to them about your intent about returning to France to get into the US when you already know you intend to try to go to Canada and change everything.

There are a couple of big holes in your plan. You are assuming you will be granted entry on the VWP when you first arrive. When they see there is an F1 visa in your passport for the upcoming semester, they may not allow your tourist entry, believing it's too soon to enter as an F1 but close enough to show your real intent is to be a student. The problem with trying to reset the VWP from a trip to Canada is that some immigration officers will view it as what it is actually is, in many ways -- an attempt to change status from a VWP entry. The VWP does not allow you to change to another non-immigrant visa status.

An additional problem is that, if they deny you entry from Canada to the US on the F1, they are almost certainly not then going to immediately grant you re-entry as a visitor on the VWP, so you won't be able to use your LA ticket to return to France.

Is a short holiday in the US that is more than 30 days before the date you can arrive in the US to begin studies worth mis-representing the situation to US immigration and perhaps being denied entry on this trip or for the rest of your life? If you can change the ticket for free, why not just change the date to be within 30 days of the start of school and be a) honest, and b) more sure you will be admitted to your studies?

[Xif 0]

An additional problem is that, if they deny you entry from Canada to the US on the F1, they are almost certainly not then going to immediately grant you re-entry as a visitor on the VWP, so you won't be able to use your LA ticket to return to France.

-> how they van deny my entry when they check immigration , i'm already on US side ...si even if they deny, i'm able to take my return.

I dont want to cheat , just want to have more than 30 days , why it's so complicated seriously ...I want to see friend in US, friends in Canada , ans back to study. I've all the regular paper.

Many people Said me in PV that it's work but now i'm lost..

[Xif 0]

So, I modified my flight when my I20 is valid. Thanks for your advises, at least, i'm fully confident now.

Edited October 23, 2014 by Xif

[Mark88 183]

Like I mentioned in my previous post, you might have a chance that it could work. You just would have to be prepared, if you're standing at the Canadian border, and they won't let you back in.

[Darnell 8,478]

vwp gives 90 days, yes? I note you mentioned 30 days there somewhere , so I am suddenly confused.

[Mark88 183]

vwp gives 90 days, yes? I note you mentioned 30 days there somewhere , so I am suddenly confused.

The problem is, he can't do a COS to F-1 while on VWP.