The Purpose of the F1 Student Visa

The F1 Student Visa is designed for students attending a course of academic study in the United States.  In general, there are about 500,000 students who come to the United States each year to attend a course of study.  Interested?  Let’s see if you qualify.

Are You Eligible for a F1 Student Visa?

1. Accepted at an Approved US School:

In order to apply for a F1 student visa you will have to have already been approved by a government approved US school.  Most public and private colleges, universities, and vocational schools have probably received this government approval already.  In order to be approved, the school must have filed a formal application with the USCIS.  You should check with your school before you apply for the F1 student visa to make sure they have been pre-approved if they are not a major college or university.  You must also have your letter of acceptance from the school before you apply for the F1 student visa.

2.  Bona Fide Student:

Your true intentions of entering the United States must be to attend a school full time.  The USCIS is looking at applications with scrutiny to weed out those applicants whose true intentions are not to attend school but simply to enter the United States with no intent to attend school or return home.

3.  Full Course of Study:

Exactly what is defined as a full course of study depends a lot on what type of college, university, or vocational school you will be attending.  Make sure to consult with you immigration lawyer to determine whether you were accepted to a full course of study as defined by the USCIS.  Some general guidelines are the following.  For a college or university student, you must generally take 12 credits per semester.  For postgraduate college or university then the full course of study is whatever the requirements of a full time student are at that college or university.  For vocational school and training programs, you must generally take 18 hours a week.  In terms of online classes, in general you are limited to one online class per semester.  Make sure you keep up to date with your requirements so you do not jeopardize your stay in the United States.

4. Course of Study Must Lead to Specific Objective

In general this refers to the attainment of a degree or diploma but I have seen cases that have been approved where the students objective was to take a semester of college courses.  Consult with a knowledgeable immigration attorney whether you meet this requirement.

5.  Knowledge of English

You should be able to understand English and speak English well enough to attain your degree in the US college or university you will be attending.  While most colleges and universities will not approve your application without a solid foundation in English, the fact that you have been approved does not necessarily mean that the USCIS will also approve you.  Most colleges and universities will not accept you unless you have passed the TOEFL test which measures your English proficiency.  At the interview in which your visa application will be approved or denied, the interviewer will be listening to your English to determine whether or not you communicative effectively.

6.  Financial Resources

In order to meet this requirement, you must show that you have enough money on hand to cover your first year of expenses without working.  In addition, you must show that you have some sort of reliable income to meet your following year expenses.  This is normally done through a relative or parent who attests and submits proof that they can support you financially while you pursue your academic studies.

7. Intent to Return to Home County

To truly be eligible for a F1 student visa, you must show that your intent is to return to your home country after you have completed your course of study in the United States.  If your real intention is to attend school in the United States and to then live in the United States permanently then you are ineligible for a F1 student visa.  So how do you show that your real intent is to return home after your course of study?  You can show that you are leaving family, assets, or a job after your have completed your course of study.  For many students they are so young that they don’t have much in their home country so in those cases you can just describe how you do not have many things left for you in your home country but at this time it is your intention to return home.  The important thing is to be honest.

Bringing Your Spouse and Children

If you qualify for a F-1 student visa then your spouse and unmarried children who are under age 21 can also come to the United States with you.  They will need to apply for a F-2 visa.  In addition, your school will have to issue you a separate SEVIS form I-20 for them.  In order to receive approval from the USCIS they will need to prove as part of their application their relationship to you through a marriage certificate or birth certificate.  Also as a part of their application, they will need to show how they will be supported while in the United States.  The F-2 visa allows them to stay in the US while you attend your educational courses but it does not allow them to work so you must show how they will be supported without them having to work.  Children may attend elementary or secondary schools up until 12th grade but cannot obtain post-highschool education without getting a F1 student visa or M1 student visa.

How Long Can You Stay in the US with a Student Visa?

While most visas have a specified date you can stay in the US for, the F1 student visa will not have a specified duration date.  In general, your F1 student visa will be good until you finish your specified educational course of study and for how long your school believes it will take to complete that course of study.  You may arrive in the US up to 30 days before classes arrive and you can stay in the US for up to 60 days after you complete your course of study to return to your home country.  If necessary, you may request an extension to stay in the US longer to complete your studies.

F1 Student Visa Process in 3 Steps

1.  You apply to your school.  If accepted, request that your school complete and send you a Certificate of Eligibility (SEVIS I-20).  Normally, once you are accepted by a particular school and they receive your deposit, the school will send you a Certificate of Eligibility form also known as a SEVIS I-20 form.  This document states to the US government that you have been accepted in their program.  You will need to sign this form.

2.  You apply for a F1 student visa.  If you are married and have children, they should apply for a F2 visa.  It is important to contact a qualified immigration attorney in this process to ensure that your application will be complete and approved.  Your immigration attorney can provide the forms for you and request the necessary documents that you will need in order to prepare your F1 student visa application. Embassies and consulates can issue your F1 student visa up to 120 days before your courses begin.  It is important to submit your application as early as possible.

3.  Attending Your Consular Interview: Most likely, you will need to attend a consular interview.  During the interview, the consular officer will likely question you about your intent to study in the US and your intent to return to your home country when you complete your course of study.  You should communicate to the consular officer that you intend to return to your home country or you risk your application being denied.  Furthermore, the consular officer will probably inquire about your ability to pay for your expenses in the US without working.  Be prepared for the consular officer to scrutinize your financial documents.  Your application will not likely be approved that day because your name will then need to be checked against criminal databases before you are ultimately approved.

What you will need to complete the F1 Student Visa Application:

1.  Proof of Academic Qualification: Even though your school has accepted you and that should be reason enough to conclude that you are qualified to attend the school that you have been accepted to, some consular offices will require proof to show that you are eligible for the school.  In that case, you should prior evidence of your previous education, degrees, diplomas, standardized test results that show that you have the prerequisite knowledge to attend the program you were accepted to.

2.  Evidence of Intent to Return: The consular officer will want to see some sort of verification that you intend to return to your home county and that you will not plan to permanently reside in the US.  This can be done by showing the consular officer that you have property in your home country and/or family.  The key here is that you show that you are highly motivated to return to your home country.

3.  Proof of Sufficient Funds: In order to receive your student visa, you will need to show that you have enough cash on hand or someone has agreed to support you while you are attending your course of study in the United States.  You must show that you have enough funds to cover all of your expenses for the first year of your studies.  The SEVIS I-20 form gives the school’s estimate of what your total annual expenses will be so you must show that you have enough money to cover those costs.  This is done best by providing a letter form your bank or a bank statement showing that you have that money available to cover that fist year of expenses.  You must also show that you have a reliable source of income to cover the future years of education either through a friend or relative. This can be done through a written guarantee by a family member.  If your relative cannot show that his assets cover your future years of expenses then you should provide evidence of their employment and that he will  have enough net income to support you (see form I-134 Affidavit of Support).

The Ultimate F1 Student Visa Application Checklist

1.  SEVIS I-20 completed by your school and signed by you.

2.    Receipt of having paid Form I-901 SEVIS Fee of $100 (there is a proposal to increase it to $200)

3.  Form DS-156 – Nonimmigrant Visa Application

4.  Form DS-158 Contact Information and Work History for Nonimmigrant Visa Application

5.  Form DS-157, Supplemental Nonimmigrant Visa Application (If your a male between 16-45 years old OR you are a male or female 16 or older and you come from a country that the US believes sponsors terrorism.

6.  Visa Application Fee (currently $131)

7. Visa issuance reciporcity fee

8.  Your Passport (must be valid for at least 6 more months)

9.  2 inches by 2 inches passport photo of you and your spouse and children if they are also coming over with you

10.  Birth Certificates for you and your spouse and children

11.   Marriage Certificate: If you are spouse will be accompanying you in the US

12.  If either you or your spouse has been married previously, you will need to provide divorce papers or proof of death papers of previous spouse.

13.  Degrees, Diplomas, Standardized Tests, etc. required by the school you will be attending showing your qualification to attend that school.

14.  Documents proving your intent to return home i.e. deeds to property in your home country, relationship with close family in home country, or proof of job when you return in home country.

15.  Proof of Sufficient Funds: either Bank Statements, Personal Financial Statements, or a USCIS Form I-134, Affidavit of Support.