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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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    Ed Beshara

    Immigration Attorney
    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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    Fredrick W Voigtmann

    Immigration Attorney
    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

    Immigration Attorney
    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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    Charles Foster

    Immigration Attorney
    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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    Bernard P Wolfsdorf

    Immigration Attorney
    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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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

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

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    Vaughan de Kirby

    Immigration Attorney
    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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    Peter Zhang

    Immigration Attorney
    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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    Stephen Berman

    Immigration Attorney
    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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