B-2 to F-2

[NehaS765]

Hi All,

 

Me and my girlfriend are together from a decade, I came to the US as a F-1 student and my girlfriend accompanied me on her B-2 visa. She is preparing for her USMLE exams while she is in the US with me. I have graduated this May 2017 and looking for full-time opportunities (undergoing interviews). I have my 1 year OPT + 2 years STEM extension remaining.

She has visited 3 times from Aug 2015 till now, 2 of those times I traveled with her to the US. The last time we came together to the US was at Dallas airport(Jan 2017) where the immigration officer said that the long visits of my girlfriend "does not look good on her visa" and suggested to get a dependent visa.

As I was unable to travel, being in the last semester and having job application pressure, we got married here in Texas, US and filed a change of status from B-2 to F-2 in April 2017. That application has gone to Vermont and as per we have read on many forums that Vermont applications takes at least 6 months to process. Her i-94 for this visit is valid till 25th July 2017 (her multiple entry B-2 is valid for 7 more years). So there is a good chance that the application won't be processed before 25th July 2017. She is allowed to stay in the US till her application is under process, where a positive verdict will solve all problems but a negative verdict may cause her to be counted under overstay (The verdict may come in Oct 2017 and her i-94 is valid till July 2017).

My question is, should we wait for the change of status from the US to process (This may jeopardise her career as a doctor if it gets denied), or should we withdraw and reapply from India. If we apply from India, what will we have to do to make our case strong?

Also she has to take her USMLE Step-2 CS exam, which has to be given in the US only, before 2017 end.

Any advice on my case would be really appreciated!!!

[pontevecchio]

Have her leave before July 25. You should possibly have left well alone and let her visit in B2 status for her exam purposes. Now she should first finish her CS and USMLE 3 before even considering a F2 visa. You should discuss specifics with the firm of Murthy or any of your choice before taking any steps.