Marrying a Diveristy Visa winner

[Jojo92122 1,924]

https://www.avvo.com/legal-answers/should-i-marry-my-girlfriend-before-my-dv-lottery--1064490.html

[nev 0]

Thank you all for your advice, I really appreciate it!!!

 

The only thing I don't really understand is why is changing a status from a tourist to a student visa a fraud?

If I enroll to a language school, for example, to study English, and they help me change my status and get the student visa (and I know for sure that is possible because I already contacted a few schools and I read the requirements on the USCIS website) what is wrong with that? I would pay for the school, go to classes and be able to stay for at least a year. Meanwhile, we could get married and I could go to my home country for an interview or anything else that's necessary. 

 

 I'm not trying to trick the system, I'm just trying to find a way to be there with the person I love.  

[geowrian 22,337]

15 minutes ago, nev said:

The only thing I don't really understand is why is changing a status from a tourist to a student visa a fraud?

If I enroll to a language school, for example, to study English, and they help me change my status and get the student visa (and I know for sure that is possible because I already contacted a few schools and I read the requirements on the USCIS website) what is wrong with that? I would pay for the school, go to classes and be able to stay for at least a year. Meanwhile, we could get married and I could go to my home country for an interview or anything else that's necessary. 

 

 I'm not trying to trick the system, I'm just trying to find a way to be there with the person I love.  

Maybe something is being lost in the communication here, but it does sound like you are trying to immigrate to the US and to do so via a non-immigrant visa.

 

You said you plan to come to the US and then enroll in a school and then get a visa. That's not how it works. You cannot enroll with a tourist visa:

From USCIS:

"Is it permissible to enroll in school while in B-1/B-2 status?"

No, it is not.  The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status."

 

Using a tourist visa to enroll is a violation of that visa. You must apply for an F-1 visa and use that instead. Adjusting from a tourist to F-1 visa is permitted, but that doesn't mean you are permitted to violate the terms of your tourist visa first.

 

You noted you might go home for an interview ("maybe go home for the interview?")...suggesting that you might not go home for an interview, which would raise concerns of you filing for AOS.

Edited April 28, 2017 by geowrian

[SusieQQQ 11,586]

I'm done with this thread - two posts telling OP she can actually get her immigrant visa legally and quickly have been ignored, as have countless posts clearly explaining why her alternative won't work. Enough banging heads against a brick wall today for me!

[nev 0]

7 minutes ago, geowrian said:

Maybe something is being lost in the communication here, but it does sound like you are trying to immigrate to the US and to do so via a non-immigrant visa.

 

You said you plan to come to the US and then enroll in a school and then get a visa. That's not how it works. You cannot enroll with a tourist visa:

From USCIS:

"Is it permissible to enroll in school while in B-1/B-2 status?"

No, it is not.  The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status."

 

Using a tourist visa to enroll is a violation of that visa. You must apply for an F-1 visa and use that instead. Adjusting from a tourist to F-1 visa is permitted, but that doesn't mean you are permitted to violate the terms of your tourist visa first.

 

You noted you might go home for an interview ("maybe go home for the interview?")...suggesting that you might not go home for an interview, which would raise concerns of you filing for AOS.

I'm not talking about studying on a tourist visa but changing my status to a student visa.

And according to the University of Washington it IS possible to change the status IN the US.

 

https://iss.washington.edu/procedures/change-status/

[Transborderwife 4,666]

8 minutes ago, nev said:

I'm not talking about studying on a tourist visa but changing my status to a student visa.

And according to the University of Washington it IS possible to change the status IN the US.

 

https://iss.washington.edu/procedures/change-status/

Student visas are given with the intent of the student returning to their home country

[geowrian 22,337]

2 minutes ago, nev said:

I'm not talking about studying on a tourist visa but changing my status to a student visa.

And according to the University of Washington it IS possible to change the status IN the US.

 

https://iss.washington.edu/procedures/change-status/

First, you must change status first, not enroll and then change status.

 

Second, yes - there are situations where you can adjust status from a B-1/B-2 to an F-1. That does not mean you can violate the B-2's terms to do so, though.

See: http://www.alllaw.com/articles/nolo/us-immigration/applying-for-student-visa-while-on-tourist.html

 

You have preconceived intent to study, which violates the terms of a tourist visa. Entering the US to do so is fraud.

 

As others noted, your best bet is to try the spouse of a DV route.

[Jojo92122 1,924]

When you enter the US on the tourist visa, please tell Customs and Border Patrol that you intend to change your status to a student visa.  

[jan22 3,056]

 

I'm not talking about studying on a tourist visa but changing my status to a student visa.

And according to the University of Washington it IS possible to change the status IN the US.

 

https://iss.washington.edu/procedures/change-status/

First, be cautious at taking immigration advice from non-government sources.  Their interpretations may not always be correct for your particular situation.

 

Second, the visa used to enter the US must be the visa that is correct for your primary purpose for entering the country.  So, if your primary purpose is to study, then you need a student visa.  To enter with a visitor's visa with an intent to study is not allowed.