Obtaining an F-1 Visa Abroad Checklist

Checklist I

I.          Obtaining an F-1 Visa Abroad

Some preliminary thoughts: With the exception of Canadian citizens, for whom the requirement of a visa is waived, all F-1 students must first obtain a visa before applying for entry to the U.S.  It’s wise, therefore, to begin your process with an analysis of situation in the country where the individual will be applying:

  1. What are the current economic and political conditions in the country?
  2. How does the applicant fit into the country’s social and economic hierarchy?
  3. Is he or she a member of an ethnic or cultural minority?  Assume the worst:  unless the embassy or consulate is located in Western Europe, Australia, or New Zealand, it may well be considered a “problem post.”

The Checklist

1.         The I-20 Form

An individual cannot apply for the F-1 visa without an I-20 form, and it should be reviewed carefully before presentation to the consular officer:

  1. Is the form properly completed and executed?
  2. Was it issued by a school the consular officer is likely to have heard of?
  3. Is the program of study readily available in the home country or is there good reason for proposed study in the U.S.?
  4. Has the school enjoyed the benefits of INS certification for a long time?

2.         Evidence of Finances

This area is central to the consular officer’s analysis.  Remember, with the exception of on-campus work opportunities, once in F-1 status the applicant will not be able to engage in off-campus employment until he or she has completed an academic year.  At Number 7 on the I-20 form, the school must articulate the amount of money needed for tuition, living expenses, dependents (if applicable), and other costs.  Most schools will note the amount necessary to complete one academic year (usually nine months in duration).

The applicant must present evidence of the ability to finance this first academic year with immediately available assets.  This is done through submitting evidence of bank accounts, letters from the school (in the case of a scholarship or grant), or documents from sponsors.  In so-called “problem posts,” consular officers may require proof of finances for the entire academic program rather than simply the first academic year.

  1. Bank Account:  Be aware of the fact that the consular officer may not be content to accept a one-time reading of a bank statement or bank manager’s letter, and may instead ask for proof of all account transactions over the past six months to a year.  This is done to expose applicants whose accounts have suddenly “swelled” through the recent deposits of well-meaning family and friends and who do not have access to the full amount reflected in the current statement.
  2. Sponsorship:  Always be aware of who the sponsor is as well as his or her relationship to the applicant.  Consular officers will often scrutinize evidence presented by sponsors who are not members of the applicant’s immediate family.  At “problem posts” it is not uncommon for the sponsor, if a U.S. citizen, to be asked to complete an Affidavit of Support or post a bond.  Also, be aware of the fact that consular officers are adept at identifying when a sponsor is also a romantic partner.  If that individual is a U.S. citizen, then issues of immigrant intent may also arise.  Whenever possible, the sponsor, if there is one, should be a member of the applicant’s immediate family.
  3. Grant or Scholarship:  The applicant should present original evidence of the issuance of a grant or scholarship from the school or educational authority (such as a government or cultural organization).

3.         OF-156

The applicant must complete the OF-156 application for a nonimmigrant visa along with the requisite fees and photographs.  If there are accompanying family members, they must each submit a separate OF-156 with fees and photos.  In addition, the primary applicant must present proof of the family relationship through original marriage and birth certificates.

4.         Other

It will be helpful if the student can also present evidence of correspondence with the school, such as the original acceptance letter and any other proof of why this particular program was selected.

Checklist II

II.        Applying to the INS for a Change of Status to F-1

Some preliminary thoughts: This section is directed to individuals, usually those holding B-1/B-2 visitor status, who wish to change status in the U.S. to that of an F-1 student.2

Use of the “Prospective Student” Notation

It’s important to make a distinction between B-2 visa holders who entered the U.S. with a “Prospective Student” notation and those who did not.  If an individual has not decided which school to attend, the consular officer may issue a B-2 visa marked “Prospective Student” to allow entry to find and apply to a school and then to change status to F-1.  As with all students, such an individual will then be required to demonstrate a permanent residence in the home country, bona fide nonimmigrant intent, and sufficient financial resources to study in the U.S.

Remember:  Entry with a “Prospective Student” endorsement facilitates a later change of status from B-2 to F-1.

If a person coming to visit the U.S. possesses even a remote desire to change status to that of an F-1 student, it is imperative that those intentions be articulated to the consular officer at the time of the request for issuance of a B-2 visa.  Failure to disclose such intent to the consular officer is likely to result in disturbing consequences at a later date, for it is a common and long-standing INS policy to deny a request for a change of status from B-1/B-2 visitor status to F-1 or M-1 visa status.3

The INS may deny an application in the exercise of discretion, and frequently will do so if it appears that the person entered the United States in a non-student category with a preconceived intent to attend school. In such cases, the INS will make a determination that the individual’s intent was to circumvent the normal visa issuing process, deny the application for change of status, and order the student to depart or face removal proceedings.  This is particularly so if an application for change of status is made shortly after entry into the United States.

Absent documentary evidence of the fact that there was no preconceived intent to attend school, a wait of 60 to 90 days after admission would be advisable to avoid such a charge in the context of an application to change to student status.  The State Department uses a “30-60” rule in determining whether an individual committed fraud in seeking a nonimmigrant visa in cases in which the person applies for a change of status shortly after arrival in the United States.  A request for a change of status made within 30 days of arrival creates a rebuttable presumption that the individual committed fraud in the initial visa application, and the burden falls upon the visa applicant to present evidence to rebut the presumption of fraud.

The Checklist

An application for change of nonimmigrant status is made on Form I-539 and is filed with the regional INS service center closest to the location of the school the individual wishes to attend. The applicant should be certain to photocopy all documents and send the application via some form of mail, which may be tracked if necessary.

  1. Form I-539 The applicant must submit Form I-539 and the appropriate filing fee.  In addition, the applicant should submit a short statement as to why he or she is applying for F-1 student status at this time.  The statement should address why the applicant did not, or could not, apply for the F-1 visa at the consular post in the home country.
  2. Form I-20 A properly executed original I-20 must be submitted (see Checklist I, above).
  3. Original I-94
  4. Copies of Passport Page The applicant should submit copies of the “biographic” pages of the passport noting details of birth and citizenship.  He or she should also submit copies of all visas previously issued by the U.S. Department of State, highlighting the “Prospective Student” designation if it appears.
  5. Evidence of Finances See Checklist I, above.
  6. Evidence of Family Relationship If the applicant has dependents such as a spouse or children under the age of 21, he or she must list them on the Form I-539 and must also submit their original I-94s as well as evidence of the family relationship such as marriage or birth certificates.