Need advice on my B2 visa

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My name is Pavan. I am looking for Visa consulting & advice. Here is my detailed scenario and need assistance and advice based on the given situation.

I got married last December 2020 and travelled to the US on a B2 visa on Feb 4th 2021 to visit my wife who has an F1 visa, and I am living with her right now. I didn’t apply for a marriage certificate in India as my wife had to travel to the US immediately after the marriage.

My wife's i20 status is getting expired next month (July 2021) as she will be done with the last semester and she is planning to join another PHD program to get the new i20 status. So, in this case I can’t apply for f2 visa till my wife gets new admission and the new i20 status

She also got h1 picked this time but she has to wait till October to get h1 approval. Till then I can’t apply for h4 visa status.

At this point in time, I have a few scenarios.

Right now my wife is conceived and she is expecting on Nov 28th. I have 3 months left (till Aug 1st week) to stay in the US on a B2 visa. At this point, I only see a few options left for me.

1.      B2 Extension for another 6months

2.      Change of status to f1/f2

Due to the pandemic situations, I am not sure if I had to leave my wife and travel back to India to apply for an f1/f2 or h4 visa.

Kindly suggest the best options for me. I would need consulting and advisory services. 

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  • 1 month later...

You should convert to F2 visa first, well before expiry of your B1 visa.  You can apply now since your wife's F1 visa is valid till July.  While the conversion application is pending, your stay here is still valid as your I-94 (through B1 visa) is probably valid for 6 months from February, which may be August.

Going to India now is risky as you may not get F2 visa.  H4 visa is possible to get after your wife gets H1b, but due to the travel ban, you cannot travel from India to USA.  


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