change of visa type questions

[Kang Lang 7]

hi there,

my SIL is in washington state as an au pair right now and would like to change her type of visa to a student visa. i want to help her but have some questions and hope you guys can help. the uscis website was of course vague.

1) can she change the visa type

2) am i able to sponsor her (income requirements are not an issue relative to poverty line) since she does not meet the $18k USD in a bank requirement

3) would an attorney be required for this?

thank you so much in advance for any help

[YuAndDan 153]

I believe I-593 needs to be filed to change status to F-1, and I-20 from the school will be needed, as well as evidence of support, you can provide an I-134.

5. An F-1, Academic Student

To request a change to F-1 status or to apply for reinstatement as an F-1 student, you must submit your original Form I-94, as well as the original Form I-94 of each person included in the application.

Your application must include your original Form I-20 (Certificate of Eligibility for Nonimmigrant Student) issued by the school where you will study. To request either a change or reinstatement, you must submit documentation that demonstrates your ability to pay for your studies, and support yourself while you are in the United States.

http://www.uscis.gov/files/form/i-539instr.pdf

[lucyrich 20]

You and your wife can sponsor your wife's sister to help her meet the financial requirements for a student visa. We did this for my wife's sister. I know nothing about changing from another status; my SIL's first trip to the US was on her student visa. We did NOT file an I-134, but we did show that we had assets available.

A good starting place is the admissions office of the college where she wants to study. They'll have someone in charge of dealing with immigration issues and student visas. That person won't be an attorney, but will have experience walking other students through the process.

[Kang Lang 7]

thank you both for the replies...my HUSBAND and i will have my SIL contact the school and see what to do.

lucyrich were you required to show $18k in assets to support her? in our case there is a possibility of her living with us (we have a spare room) and she can go to a nearby college which will lower her cost of living considerably.

[lucyrich 20]

thank you both for the replies...my HUSBAND and i will have my SIL contact the school and see what to do.

lucyrich were you required to show $18k in assets to support her? in our case there is a possibility of her living with us (we have a spare room) and she can go to a nearby college which will lower her cost of living considerably.

Oops, sorry about the gender mis-assumption. Stupid of me to assume without fact-checking.

Anyway, we're in a similar situation, with my wife's sister living in our spare room. I've forgotten the exact numbers, but I do know that the total required for the student visa was divided up into various categories. Since we were supplying a place to live, that counted for meeting her housing requirement, and we only had to show assets for the other things, like tuition, books, misc. living expenses, etc. I think housing accounted for a bit less than half the total required.

I'm not sure, but I think the housing expenses are adjusted based on local conditions near the school, instead of having a "one size fits all" allowance. I'm pretty certain tuition is adjusted based on the school's rate.

[Kang Lang 7]

thank you so much that was very helpful! i'm sure you know how daunting it can be.