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Is having a student visa (thats not valid yet) a problem to enter the US with an ESTA?

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Filed: F-1 Visa Country: Germany
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Hello!

Here my situation: I am from Germany and I will be in the US as a tourist with the ESTA. Currently I am here on the J1 visa but have to go home in March for one week and then reenter the US with the ESTA. I am currently applying for a College here and I want to get the F-1 visa once I am in Germany for the week. However I cannot use the F-1 visa to reenter the US because it is not valid until August. So here my question: Is it possible to enter and exit the US on the ESTA as much times as I want when I already have an F-1?


Also, I want to get married. After the marriage, how long does it take to get the documents I have to fill out to get the green card and to be eligable to work? When will I be able to work? And where will I get those documents from?

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Filed: Citizen (apr) Country: Sweden
Timeline
Hello!
Here my situation: I am from Germany and I will be in the US as a tourist with the ESTA. Currently I am here on the J1 visa but have to go home in March for one week and then reenter the US with the ESTA. I am currently applying for a College here and I want to get the F-1 visa once I am in Germany for the week. However I cannot use the F-1 visa to reenter the US because it is not valid until August. So here my question: Is it possible to enter and exit the US on the ESTA as much times as I want when I already have an F-1?
Also, I want to get married. After the marriage, how long does it take to get the documents I have to fill out to get the green card and to be eligable to work? When will I be able to work? And where will I get those documents from?

First of all it is very optimistic to think you'll be issued a visa within a week. Don't book a ticket because most likely it will take longer than 1 week to get your visa. Regarding whether or not you can go to the US on ESTA while having an F1 visa in your passport... Well there's 3 possible scenarios:

1. You won't be let in on ESTA because you just spent (I'm guessing) 1 year in the US and you were only home for 1 week and CBP will think you're trying to live in the US.

2. CBP will not be happy that you're trying to come into the US while you're not within the window of the F1.

3. CBP will not care and just let you in on ESTA.

Regarding your green card... After marriage you will file for Adjustment of Status which you can read about in the guides on this website or on USCIS.gov. On USCIS.gov you will find and be able to download/print all the documents needed to file for Adjustment of Status.





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