alematt

Hello All,

here's my situation, I went to study on an F-1 visa in California in Jan 1995, date of status ending was listed as Dec 1998 on the visa. Whilst I was studying I met, and married my wife who is an USC. I stopped my studies in Jan 1996, and began preparing paperwork for my change of status. However, due to family situations here in the UK my wife and I decided to relocate to London rather than remain in the US. As I was not intending to stay in the US I did not file the paperwork to change my F-1 non-immigrant visa to a resident visa. I left the US in Sep 1996.

Now, I would like to travel to the States for a weeks holiday to see my wifes family. I have not traveled to the US since I left in 96 and was wondering if I would have any trouble entering on the standard VWP program considering I was once on an F-1 visa?

many thanks

Elvira

I'm not sure I understand why you think you might have a problem. According to your dates you were never out of status.

FWIW, my husband once had a J1 in the distant past and thereafter used the VWP for many years before moving to the US.

alematt

Hi Elvira,

thanks for your response. Perhaps I'm being paranoid but matters of US Visa rules do seem a bit of a black art to me so appreciate your input very much

I was concerned because I have heard recently that if you are on a F-1 visa and do not continue a full 12 unit course load you are immediately considered 'out of status', I had dropped all of my classes in Jan 1996, shortly after I married my USC wife, 9 months before leaving the US in Sep 1996.

I thought that perhaps this would mean that I had 'overstayed' even though I was married to a USC and preparing my papers for residency. I wanted to make sure before heading out to the US for my first visit in a long time that I would still be able to use VWP. I am perhaps overreacting quite a bit?

Elvira

Ah - I missed that bit! However, I doubt that this will come up - too long ago, and schools at the time probably did not notify Immigration if a student dropped out.

However, it would probably be not a good idea to conceal the information if you were asked outright. Just don't volunteer it

Lilyella

Hello,

I agree with Elvira; back in the 90s, the chances of your school informing the INS that you'd dropped out would be slim. I can't imagine you'd have a problem.

hcj1440

F1 students are usually stamped in for "duration of status" (would have said "d/s" on your I-94). That means you do not go out of status unless a judge says so, even if you stopped taking classes. So the chances of you not having accrued any "unlawful presence" is good.

CarlM

This doesnt sound like an issue to me - you were here in the pre-SEVIS days when no-one knew who was doing what under the guises of an F-1 visa!