jsph86

I am a British citizen currently living in the US with H4 status pending, and I plan to go on holiday in April (to Europe). I expect to have my H4 by the time that I go, but I was wondering if it will be a problem getting back in with H4 status but no visa.

If this is not allowed, would it be possible to come back in as a tourist (under the VWP)? I also plan to travel to Canada within 3 months after returning and could use my ticket as proof that I will leave within the correct time period. I will begin grad school in September and plan to get my F1 visa in Canada.

Will the H4 status complicate coming back in as a tourist, if that is my only option? Thanks for any information about this.

Noorah101

My understanding is that you would need to get an H4 visa before coming back to the USA. You can't get in with just a change of status pending.

You could abandon the current pending H4 COS, but my understanding is that one cannot do a COS from a VWP entry.

Best thing to do is get the H4 when you're in Europe.

Rene

BunnyGirl

You say you're currently living in the US, what's your status right now?

jsph86

Thanks for the replies. I am H4 pending currently, but I expect that I will have H4 status by the time I leave. Would I be able to come back in with H4 status (not pending)?

Also, I will only be in Europe for two weeks (in Greece), wouldn't this be too short a period to get the full H4 visa in?

Do you know if I can get in on the VWP if I give up H4 status at the POE? I'm not too bothered about keeping the H4 status because I will be getting an F1 visa in a few months time.

Noorah101

If you can get an appointment in Greece while you're there, it's enough time.

You can't enter the USA on a "status". You need a visa.

You can try using the VWP if you don't care about the H4 status. The POE officer might not believe you'll just be visiting, though, as it sounds like your spouse is also in the USA.

You say you're going to Canada to get an F1 via in a few months. Would you definitely be going to Canada within 90 days of a VWP entry, and you'd be able to prove this at the US POE?

Sounds like you are juggling a lot of balls right now. I'd probably wait until you are in the USA on your F1, and then travel.

Rene

ian-mstm

Yes. You must have a visa. You don't have status until after you are admitted to the US.


No. You aren't allowed to change status on the VWP unless you're married to a US citizen.


I suggest you alter your holiday plans.

Ian

jsph86

Thanks for the help. To clarify, when I return I will have proof that I will leave for Canada within 90 days. This means that I will not be attempting to change status on the VWP within the US. I will leave and then obtain my F1 visa in Canada.

scrubbedexpat099

What visa do you have at the moment? The one you are adjusting from.

Why not use that one?

jsph86

I have H4 status (technically pending, but I will get it soon) but no visa.

scrubbedexpat099

You entered on what type of visa? What visa are you adjusting from?

ian-mstm

That wasn't the question he asked. Are you in the US illegally? Did you enter on the VWP? Did you enter on a B-2 visa? What visa do you have right now?

Ian

jsph86

I entered with the F1 visa and then changed to H4 status.

scrubbedexpat099

Begs the question why if you want to be on a F1 anyway, but I have fa feeling this could get too painful.

ian-mstm

If you're already on an F-1 visa, why do you want to change to H-4 and then change back to F-1? Why not just stay in F-1 status? Forgive me, but that seems like a pretty stupid thing to do.

Ian

asill

Perhaps he had to change to H-4 because he stopped being a student...Obviously people would not voluntarily pay $$$ for a COS if they didn't have to