Tourist visa (B1\B2) to Student Visa (F1) inland status changed

[Tanveer_Kapoor 0]

Hello,

I have enter USA on tourist visa (B1\B2) in 2014 (Valid till 2024) and did status change to student visa (F1) got approved (No stamp on passport) inland I was in USA till 2018 on Student visa (F1). Then I moved to Canada (in 2018) got married to Canadian citizen. Currently having Indian citizenship and Canadian PR.

The question is these November 2022 my wife's cousin getting married in USA and they have invited us for wedding can I still re enter USA on tourist visa (B1\B2 as its valid till 2024) or I need to re apply for new tourist visa because of change of status inland to student (F1) and not having stamp on passport before leaving USA?

If yes tourist visa (B1\B2) stamped on passport still valid, Speaking practically will the immigration officer will let me enter the USA or not as I previously enter USA on same status (B2) and change of mind to student (F1) he/she can deport me and bard me from re entering? (I will have my wife (Canadian citizen) traveling with me and will have return ticket for both of us)

Thank you.

[JeanneAdil 6,864]

curious how u were approved for F1 from within the US

 

Can I apply for F1 visa while in US on tourist visa?

 

 

You cannot apply for an F-1 or J-1 visa inside the U.S. Visas can only be obtained outside of the U.S. at a U.S. Embassy or Consulate.

[Tanveer_Kapoor 0]

It was status Extension/change/adjustment inland. Visa was not stamped on the passport. I797A Notice of action of approved F1 status got it from my lawyer. 

[Timona 4,209]

  On 9/11/2022 at 3:48 PM, JeanneAdil said:

curious how u were approved for F1 from within the US

 

Can I apply for F1 visa while in US on tourist visa?

You cannot apply for an F-1 or J-1 visa inside the U.S. Visas can only be obtained outside of the U.S. at a U.S. Embassy or Consulate.

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Apparently, it can be done. I know people who've done it.

[arken 4,197]

Successful B2-F1 cos changed your status in the US, it didn't change your existing B2 visa. You visa is still active.

 

Will you face issues at POE? May be considering your history. Nobody can tell what'll happen. You may be allowed in or told to go back to Canada.

Edited September 11, 2022 by arken

[.yana 603]

  On 9/11/2022 at 3:48 PM, JeanneAdil said:

curious how u were approved for F1 from within the US

 

Can I apply for F1 visa while in US on tourist visa?

 

 

You cannot apply for an F-1 or J-1 visa inside the U.S. Visas can only be obtained outside of the U.S. at a U.S. Embassy or Consulate.

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Not a visa, status change.

I've done it in 2009 so did dozens of people I know.

 

Pretty standard procedure actually.

[Tanveer_Kapoor 0]

  On 9/11/2022 at 5:17 PM, arken said:

Successful B2-F1 cos changed your status in the US, it didn't change your existing B2 visa. You visa is still active.

 

Will you face issues at POE? May be considering your history. Nobody can tell what'll happen. You may be allowed in or told to go back to Canada.

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Any tips on re entering US on tourist visa? Should I travel throw road or fly (which make easy immigration)? Driving by road with my wife and in laws (all Canadian citizen excluding me) or just fly with my wife and me? Wedding destination is Houston Texas.

[nastra30 2,491]

Change of Status from B to F-1 status is nothing new. Actually in the last couple of years it was also beefed up to also grant you authorized stay until COS is denied/approved.

 

I don't think it cancels op's existing B2 visa though so op can attempt to use B2 to travel again. Obviously entry will be at the discretion of IO at POE when they examine op's history.

Edited September 11, 2022 by nastra30

[arken 4,197]

 

  On 9/11/2022 at 7:36 PM, Tanveer_Kapoor said:

Any tips on re entering US on tourist visa? Should I travel throw road or fly (which make easy immigration)? Driving by road with my wife and in laws (all Canadian citizen excluding me) or just fly with my wife and me? Wedding destination is Houston Texas.

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You just travel and hope for the best.

Flying or drive, you may still be subjected to the same level of issues. It all depends on the POE officer. If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane. 

[nastra30 2,491]

  On 9/11/2022 at 8:55 PM, arken said:

If flying may be best to fly through airports with US pre clearance facility so you would know if you will allowed in before getting on the plane

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I second this👆

Edited September 11, 2022 by nastra30

[Tanveer_Kapoor 0]

(i94 shows Admit until 03-31-2015) (i797C I-539 received 03-19-2015) (I-797A Receipt date 03-23-2015 Notice date 12-042015Valid from 12-12-2015) (Will my duration will consider as overstayed? till I got my F1 Approval)

[Coco8 1,049]

I would think you'll be allowed, but just in case I would take the paperwork of your F1 status (because you don't have stamps on the passport) and also, documents about ties to Canada (like lease or ownership of house, job, etc.).

 

Don't give them the extra info with your passport! Only give stuff if they ask.

[Tanveer_Kapoor 0]

Thank you for all your replies really appriciate the knowledge shared throw forum...