Obtaining an F1 visa, after living under F1 status for 3 years

[hasanal]

Hi fellows,

I'm, Turkish and came to the states in 2008 summer - with a J1 student exchange program, work and travel. Unfortunately. I changed my status to F1 that winter, via a language school. I eventually transferred to a community college, majored in Music, and eventually to conservatory, obviously kept the same subject as my major.

I have at least 1 more year to go after this semester. But I REALLY can't live without seeing my family anymore, it's so absurd that I lived without seeing everyone I know for almost 5 years now. I am just scared that if they won't give me the visa on the way back, I would lose everything I worked so hard for but on the other hand I really can't wait another year.

Does me initially changing my status from J1 to F1 and staying here for almost 5 years without a visa really give me a bad reputation at the immigration office? What do they really look for? I just want to come back and finish school, maybe do a year of OPT, and I haven't decided yet if I want to stay here or go to Europe for Masters. What would make a reason to deny my visa application? I have a pretty good GPA, never had any legal issues.

I would very much appreciate any input. thank you and I hope opening this thread didn't violate any rules.

 

[newacct]

A visa is only for entering the country, not for staying here. Since you haven't entered the country in years, you didn't need a visa. It's that simple. It's the I-94 that grants legal stay in the country, not a visa. Since you're F-1, your I-94 probably says "D/S" which means "duration of status", so it's your I-20 that determines the duration of your stay. As long as that's current, you're fine.

You shouldn't have any problems getting a visa. Make sure you have your I-20.

 

[hasanal]

A visa is only for entering the country, not for staying here. Since you haven't entered the country in years, you didn't need a visa. It's that simple. It's the I-94 that grants legal stay in the country, not a visa. Since you're F-1, your I-94 probably says "D/S" which means "duration of status", so it's your I-20 that determines the duration of your stay. As long as that's current, you're fine.

You shouldn't have any problems getting a visa. Make sure you have your I-20.

Is that so really? For some reason I've always been told that changing status here gains you a bad reputation.. My F1 status never expired..

 

[aos13]

Is that so really? For some reason I've always been told that changing status here gains you a bad reputation.. My F1 status never expired..

You changed from J1 to F1, both are nonimmigrant visas, so there shouldn't be any issue. Was your J1 subject to the 2-year rule? I'm thinking probably not. As long as you maintained your status as F1 (registered in school full time, did not take job outside the campus, etc.) you are in good standing. You can go to your country and apply for a visa to come back. Make sure you have a newly signed I-20 for travel, letters from your school's registrar, your department, and school DSO to state your current status, and enough financial resources to prove that you can pay for the school.

When you apply for the visa, they'll look at these documents and will issue an F1 visa that is usually good until your I-20 expiration date, if the consular officer is convinced that you have no plans to stay in US for immigration. Check with the US embassy web site to see what's needed to apply for a visa, and gather those that you can before going back to your country. There is NO guarantee that you will be issued a visa, and this is the case for every one, but in general it is not a big deal.

Have you ever talked to your school's DSO about this? You definitely should. They are getting paid by you for a reason.

 

[hasanal]

You changed from J1 to F1, both are nonimmigrant visas, so there shouldn't be any issue. Was your J1 subject to the 2-year rule? I'm thinking probably not. As long as you maintained your status as F1 (registered in school full time, did not take job outside the campus, etc.) you are in good standing. You can go to your country and apply for a visa to come back. Make sure you have a newly signed I-20 for travel, letters from your school's registrar, your department, and school DSO to state your current status, and enough financial resources to prove that you can pay for the school.

When you apply for the visa, they'll look at these documents and will issue an F1 visa that is usually good until your I-20 expiration date, if the consular officer is convinced that you have no plans to stay in US for immigration. Check with the US embassy web site to see what's needed to apply for a visa, and gather those that you can before going back to your country. There is NO guarantee that you will be issued a visa, and this is the case for every one, but in general it is not a big deal.

Have you ever talked to your school's DSO about this? You definitely should. They are getting paid by you for a reason.

It sounds like I would be fine in this case.. And, to get the facts right, does immigration have access to whether I worked outside of campus or not? as far as I knew, that wasn't the case, no?

 

[aos13]

It sounds like I would be fine in this case.. And, to get the facts right, does immigration have access to whether I worked outside of campus or not?

Have you worked outside the campus while on F1 ?

I posted an answer 10 days ago; apparently you still haven't checked with the international office at your school. You really should ask them these questions.

 

[hasanal]

Have you worked outside the campus while on F1 ?

I posted an answer 10 days ago; apparently you still haven't checked with the international office at your school. You really should ask them these questions.

I talked to them last semester when i was thinking about going back in the winter break (the international students office) - my sister was diagnosed with cancer and I felt horrible not being able to go back back then(she is in great shape now!) . anyway, she pretty much knew nothing, only told me that I have a %50 chance to get approved or not.

 

[aos13]

I talked to them last semester when i was thinking about going back in the winter break (the international students office) - my sister was diagnosed with cancer and I felt horrible not being able to go back back then(she is in great shape now!) . anyway, she pretty much knew nothing, only told me that I have a %50 chance to get approved or not.

Again, if you have not worked outside the campus during F1, you should be fine. I am not familiar with the rules of work and travel program but as long as you don't have 2 year rule on your j visa you should be fine. COs check if you go to a reputable school, make progress with your studies, do not have any legal issues, can show financing, and most importantly if they are convinced that you will go back to your country after finishing and you are not using F1 status to stay in US for immigration and/or work, they will give you a visa. If they think you are not serious about your degree/program and you do not have strong ties to your country, they will not give you a visa.