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Sonya

Change of status B1/B2 to F2

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Hello! I arrived in the United States on a B2 visa. I have a visa for 3 years. But allowed to continuously stay in the country for only 6 months. Officially, I must leave before February 21. My husband and I got married here a month ago and want to apply for F2. He is a student. I have all the necessary documents for this. Can I get my F2 visa while staying in the USA? Or I do not have enough time for this?

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It could be construed as fraud if you try to change status here since you entered on a B2 visa. You should leave before your I94 expires and return with a F2 visa. I would recommend that you run the whole scenario by an Immigration Lawyer and let her guide your response.

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Having all the necessary documents suggests you entered the US with fraudulent intent to change status. Who carries documents as a visitor? Agree with the post above, exit the US and return with an F2 visa. 

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I believe it the best way to go back and come back on F2 as you are married. Things will be smooth that way.

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It is fine to enter on a B2 visa with intention to marry someone in another nonimmigrant status and then do a Change of Status to the corresponding dependent spouse nonimmigrant status, as long as you are not intending to immigrate. See 9 FAM 402.2-4(B)(2). To do a Change of Status to F2 status, you would need to get an I-20 from your spouse's school for yourself, and then file I-539, which must be officially received by USCIS before your status expires. If your Change of Status was filed on time, you can stay in the US for as long as it is pending, even if you go out of status in the meantime. Note that the next time you leave the US, and wish to return in F2 status, you would need to get an F2 visa at a US consulate first.

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It is not fine to enter on a B2 visa and get married with the intent of subsequently changing status. The only way this could be remotely possible is if she informed the POE Officer that she came over to get married and is going to apply for a COS to F2. If that was the case there is no issue. This is evidently not the case and the OP risks a great many consequences if she tries.

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17 hours ago, newacct said:

It is fine to enter on a B2 visa with intention to marry someone in another nonimmigrant status and then do a Change of Status to the corresponding dependent spouse nonimmigrant status, as long as you are not intending to immigrate. See 9 FAM 402.2-4(B)(2). To do a Change of Status to F2 status, you would need to get an I-20 from your spouse's school for yourself, and then file I-539, which must be officially received by USCIS before your status expires. If your Change of Status was filed on time, you can stay in the US for as long as it is pending, even if you go out of status in the meantime. Note that the next time you leave the US, and wish to return in F2 status, you would need to get an F2 visa at a US consulate first.

Depending upon one she entered , DHS can assume she had an intention to change status and that she lied to enter USA. Good luck being stuck in a year long or more 221g admin processing for F2 visa when she wants to come back as a dependent. If marriage is legit , why not leave and come back on F2. That will bring more credibility to the F2 visa interview. 

COS to F2 is possible , the path however is full of troubles. 

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