Change Of Visa Type For Usa

[Stonecutter35777]

I am confident that I can get a visit visa for my girlfriend to the USA (where I am from and will be living in about 9 months). However, she is very interested in taking a culinary arts course in the USA but doesn't feel comfortable plunking down the money until she's had a tour and seen the school for herself which seems reasonable to me. Does anyone know if it is possible to turn a visit visa into a student visa while still in the US? I only ask this because on the State Dept website I have seen other instances where amendments can be made to various types of visas. But I couldn't find a "smoking gun" that clearly answers my specific question. Thanks in advance!

[Svenn]

I'd like to know the answer too, but it seems unlikely: you're only supposed to stay a few months at a time on a tourist visa, and there is a rebuttable assumption each applicant is an intended immigrant. Showing up on a tourist visa then immediately applying for a student visa would look highly suspect I think. Maybe after a couple visits AND RETURNS to thailand on her hypothetical tourist visa, then she'd have a better chance of applying for a student visa in Bangkok.

Another thing about this hypothetical tourist visa you're 'confident' she'll get... be very careful. "Girlfriends" have the hardest time of all on those applications, even if they are an educated 'good girl' with lots of assets. Perhaps you know all this already, I'm just curious why you're so confident?

[Stonecutter35777]

The only reason I am confident she can get a visitor visa is because she has already been to the USA on one of those work/study visa types when she was in university (before I knew her). She lived in Biloxi, Mississippi for 5 months working at the Hard Rock Cafe hotel and casino. Recently she has also spent 4 months with me in the UK on a visitor visa (I am American). In both instances she did not overstay her welcome, did nothing illegal, and was not a drain to the taxpayers (and in fact paid taxes). From what I understand of visas, especially visitor visas, the first time or two is fairly difficult to prove your case but if the person in question already has a proven track record of not overstaying their time then things go much smoother. Perhaps I am wrong but I put myself in the ECO's place and I see someone who has done this a couple times before and always leave when they're suppossed to and it would be hard to find too much fault with them.

[Svenn]

The only reason I am confident she can get a visitor visa is because she has already been to the USA on one of those work/study visa types when she was in university (before I knew her). She lived in Biloxi, Mississippi for 5 months working at the Hard Rock Cafe hotel and casino. Recently she has also spent 4 months with me in the UK on a visitor visa (I am American). In both instances she did not overstay her welcome, did nothing illegal, and was not a drain to the taxpayers (and in fact paid taxes). From what I understand of visas, especially visitor visas, the first time or two is fairly difficult to prove your case but if the person in question already has a proven track record of not overstaying their time then things go much smoother. Perhaps I am wrong but I put myself in the ECO's place and I see someone who has done this a couple times before and always leave when they're suppossed to and it would be hard to find too much fault with them.

This is all well and good, but the whole running theme through this forum is that seemingly perfect candidates get denied all the time. I've read a couple stories almost exactly similar to yours (she had visited the US once before and returned) but she still got denied... I'll try to dig them up for you; there might have been some other problem with the application. I worked with one of the most experienced american immigration attorneys in Tokyo when I was still working on my thai girl's application, and even he would not accept visitor visa clients because they were so hit and miss. That being said, I think you stand a very good chance, I'd just caution you not to let any over-confidence creep in... fill out all the paperwork and pile on the accessory paperwork and evidence as much as you can.... remember they are presumed immigrants. good luck!