Married in US, now COS B2 to H4 or F1?

[murali govindu]

My friend is on H1B.

 

The girl and her family came on B2 (six months stamped), they met for the first time, he liked her, families agreed and got married in US within 7 days of her arrival!!

 

We know he messed up, but happy that he secured the girl's hand before her parents. Now, he don't want her to go to home country for stamping or elsewhere, as he fears of any possible visa rejection and considering COS.  

 

Can you pl. advise what is the least damaging or less risk visa to change her B2?  Options we thought were F1 or H4, the later is the one which he are willing for, but not sure how this impacts.  Pl. suggest.

 

Thanks and Regards,

[jairichi]

How can he file for her F1? Has she secured admission in an university? I am sure, No. Only option is H4

[pontevecchio]

They should talk to an immigration Lawyer and then she should leave and come back on the H4 visa.

[murali govindu]

My friend is on H1B.

 

The girl and her family came on B2 (six months stamped), they met for the first time, he liked her, families agreed and got married in US within 7 days of her arrival!!

 

We know he messed up, but happy that he secured the girl's hand before her parents. Now, he don't want her to go to home country for stamping or elsewhere, as he fears of any possible visa rejection and considering COS.  

 

Can you pl. advise what is the least damaging or less risk visa to change her B2?  Options we thought were F1 or H4, the later is the one which he are willing for, but not sure how this impacts.  Pl. suggest.

 

Thanks and Regards,

Admission process is also considered actively, however, if anyone you have go through similar situations or roadblocks known or heard, pl. reply - which would be valuable.  Also, if any of you has the check list for COS and documents, pl. refer - Thanks again.

[murali govindu]

How can he file for her F1? Has she secured admission in an university? I am sure, No. Only option is H4

Thanks for response.

 

Getting admission is a process and one may succeed.  However, would like to take the best path for any denial or later becoming roadblock for GC process, if any.

[jairichi]

Thanks for response.

 

Getting admission is a process and one may succeed.  However, would like to take the best path for any denial or later becoming roadblock for GC process, if any.

It is good to be optimistic. But, admission for this fall 2013 is long over and also for spring 2014. How will your friend get admission?

[murali govindu]

It is good to be optimistic. But, admission for this fall 2013 is long over and also for spring 2014. How will your friend get admission?

some have rolling admissions, that we enquired and also she is interested to study further. Will then F1 is better than H4?

[utk1011]

They got married too soon.

 

Can she possibly apply to a university/safe university college anything while on her B2, get admission and then apply for change of status from B2 to F1.  But all this has to be done while she is within the US.

If she gets her status changed from B2 to F1 first, and then later after a couple of months maybe try applying for spousal dependent visa.

 

Again this is just a suggestion. Best way is to speak to an attorney.

[catx]

Some have rolling admissions, that we enquired and also she is interested to study further. Will then F1 is better than H4?

 

Most (if not all) reputable, accredited public and non-profit private universities / colleges do not offer "rolling" admissions.  Getting admission to just any school to get a F-1 visa could well result in more issues, not less.  The best advice is to first (and right away) consult with a qualified, experienced immigration attorney, and then follow their advice, which I suspect will be a H-4 visa with a trip out of the U.S. for stamping.