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What happens if we change from F-1 to F-2 while the I-526 is filed?

I am currently in my F-1 OPT period, which will end on July 13. I plan to stay at home to better take care of my child who was born here in the United States. My husband is an F-1 student and we are wondering if I can apply for an F-2 visa to depend on him. Since his F-1 was granted before we filed the I-526, can I apply to adjust my status to F-2? Or can I keep my F-1 status by studying in another program here in the United States?

Answers

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    Answered on

    While the I-526 petition is pending, you can file a change of status from an F-1 to an F-2 status.

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    Answered on

    If you are not going to be working at all, then you cannot stay in F-1 OPT status. One option would be to change your nonimmigrant status to F-2, as you suggested, based upon your marriage to your F-1 student husband. The fact that you have a pending I-526 petition, however, could potentially affect the adjudication of a new application to change nonimmigrant status (it may depend upon who was the I-526 petitioner, you or your husband), but it is more likely that your change of status to F-2 would be approved. Of course, if you obtain a new I-20 and maintain a full-time course load by attending classes again to pursue a new educational objective, you could stay in F-1 status and not have to file any change of status.

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    John J Downey

    Answered on

    You may keep the F-1 by applying for study. You may also become an F-2 as long as your husband maintains his F-1 status.

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    Answered on

    There should be no problem with changing your status from F-1 student to F-2 dependent in the United States after your EB-5 petition on Form I-526 has been filed. It is best to handle same through a change of status in the United States. Should you need to return to your home country, you would be required to file for a new F-2 nonimmigrant visa. At that time, it is possible that the American consular officer could deny your F-2 nonimmigrant visa on the grounds that you are an intending immigrant based upon the fact that either you or your husband has filed an EB-5 investor petition on Form I-526. Thus, it is advisable to avoid that situation if at all possible.

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    Answered on

    You can always keep studying if accepted into a new program, or you can apply to change your status to F-2.

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    Answered on

    Yes, you can switch to F-2. In fact, it is the least time-consuming and logical choice.

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    Answered on

    You should consult with your investment immigration attorney - however, your change of status, if done in the United States, should not impact your EB-5.

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    Answered on

    You are better off maintaining your status here in the United State by enrolling in another program. Hopefully you have indicated consular processing on the I-526. But to change to F-2, you have to file the I-539, which requires you to disclose whether you have filed any immigrant petitions.

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    Answered on

    That is purely a matter of your choice. You cannot easily change to an F-2 if you have a pending immigrant visa.

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