Help with my situation

[thinkingeye 0]

Need help please. My wife is here on a B1/B2 VISA for 10 yrs and now we are confused as what to do as they stamed her 3months on her I-94 and i'm planning her togot school here onF1 but some people are saying since she didnt disclose that she intended to be a student at the port of entry, they wont accept the COS, please any advice will be great and helpful

[rheanick 42]

Need help please. My wife is here on a B1/B2 VISA for 10 yrs and now we are confused as what to do as they stamed her 3months on her I-94 and i'm planning her togot school here onF1 but some people are saying since she didnt disclose that she intended to be a student at the port of entry, they wont accept the COS, please any advice will be great and helpful

She just need to apply for student visa and get it approved.

[belinda63 3,047]

I think what you mean is your wife came her on a visitor visa and the visa is good for 10 years but for this visit it is only good for three months. This is correct a visitor's visa is to VISIT the US not stay here.

You could file for Adjustment of status while she is here or she could file for a student visa (not sure if she would have to return home for this). Either was unless you do something she must leave when her I-94 expires or she will be here illegally.

[thinkingeye 0]

Need help please. My wife is here on a B1/B2 VISA for 10 yrs and now we are confused as what to do as they stamed her 3months on her I-94 and i'm planning her togot school here onF1 but some people are saying since she didnt disclose that she intended to be a student at the port of entry, they wont accept the COS, please any advice will be great and helpful

She just need to apply for student visa and get it approved.

Thanks Belinda.Here is my version : I'm on GC and before i went to India to marry her ,she applied for a tourist visa and got it for 10 yrs.We got married on august 8th and she came here on sep 10th and at the port of entry they stamped her for 3 months, after coming here we married again on Oct 20th , please advice as what we should do now, submit for AOS(can we do that?), apply for I20 and get COS to F1? (we have less time before she can get an I20) as they stamped only for 3 months on her I-94, please any advice will be great and a bliss to us

Thanks in advance.

[Chica Yeyé 41]

hold on a minute. She knew she was going to stay and even though she knew she entered on a tourist visa? My friend, that is misrepresentation, a very serious offense that has no waiver. She should return to India and you can file for a CR-1 visa from there.

Also, spouses of GC holders cannot -to the best of my knowledge- adjust status from within the US. Ony spouses of USC's can do that.

[thinkingeye 0]

Need help please. My wife is here on at a B1/B2 VISA for 10 yrs and now we are confused as what to do as they stamed her 3months on her I-94 and i'm planning her togot school here onF1 but some people are saying since she didnt disclose that she intended to be a student at the port of entry, they wont accept the COS, please any advice will be great and helpful

Hows that intentional, she applied and got visa even before we got married.We got married after she got visa (3 months before we got married) and we cant file K1 as i'm on GC spouse visas for GC dependents take 5 years.

She just need to apply for student visa and get it approved.

Thanks Belinda.Here is my version : I'm on GC and before i went to India to marry her ,she applied for a tourist visa and got it for 10 yrs.We got married on august 8th and she came here on sep 10th and at the port of entry they stamped her for 3 months, after coming here we married again on Oct 20th , please advice as what we should do now, submit for AOS(can we do that?), apply for I20 and get COS to F1? (we have less time before she can get an I20) as they stamped only for 3 months on her I-94, please any advice will be great and a bliss to us

Thanks in advance.

[belinda63 3,047]

Being an LPR you are not eligible to file for AOS for your wife.

Having read up on the student visa's (i am not familiar with how they work) this is what the department of state website says.

A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain a change of classification, filing Form I-539 , Application for Change of Nonimmigrant Status, and also submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that there is an additional fee of $300 for this process, and that one may not begin studies until the change of classification is approved.

website for this being http://travel.state.gov/visa/temp/types/types_1268.html

Really you being an LPR and her wanting a student visa maybe someone else with more knowledge can assist.

[Chica Yeyé 41]

Great post sister belinda. Seems to me they thought they could come in and adjust status-- which they now know is not an option for them. If they attempt it, they will not only be denied, but very likely his wife could be banned for misrepresentation at the border, which is in essence what happened. I requested a moderator to step in with more accurate information.

[km24 0]

Tell her to go back to India. That's the safest way. You can file for F1/Student visa but the processing may take a while. You have to prepare for everything - school requirements, SEVIS and USCIS applications. And I tell you, you need a lot of money for this. From the application fees down to the school tuition and a lot of TIME. I'm just worried 'cause they only gave her like 3 months.

I came here with a B2/Visitors Visa that was November 2008. They gave me 6 months to stay here in US. I applied for F1/Student Visa last March 2009. My I-94 will expire on May 2009. That's what happened. When I applied for a F1 visa, I never thought that it will take like 2.5 months to process. And I was so worried 'cause my I-94 will expire. I contact my lawyer about this and this was his reply:

1. While "KM24's" F1 application is pending, her stay in the US is authorized and as such, she will not incur unlawful presence even beyond her I-94.

2. If her F1 application is approved, then her status is changed from B2 to F1.

3. If her F1 application is denied before she loses status under her I-94, then she will not incur any unlawful presence. She may go home right away or opt to stay here in the US until the expiration of her I-94.

4. If her F1 application is denied after her I-94 expires, then her status shall be deemed to end the day the I-94 expires and not on the day the F1 application is denied. If she goes home right away, then she will not have a problem coming back.

5. If after the denial of her F1 application, "KM24" stayed in the US for more than 6 months up to one year, then she will be barred from coming back to the US for 3 years. If she stayed behind for more than one year, then she will be barred from coming back for 10 years. In this scenario, "KM24's" B2 visa shall be revoked.

Good thing guys, my F1 application was approved! I took the risk of staying here in the US. I received the decision just last June. And I'm just so lucky it was approved!

So I guess.. Better let her go back to India.. Than Risk everything..

Edited October 22, 2009 by km24

[thinkingeye 0]

Tell her to go back to India. That's the safest way. You can file for F1/Student visa but the processing may take a while. You have to prepare for everything - school requirements, SEVIS and USCIS applications. And I tell you, you need a lot of money for this. From the application fees down to the school tuition and a lot of TIME. I'm just worried 'cause they only gave her like 3 months.

I came here with a B2/Visitors Visa that was November 2008. They gave me 6 months to stay here in US. I applied for F1/Student Visa last March 2009. My I-94 will expire on May 2009. That's what happened. When I applied for a F1 visa, I never thought that it will take like 2.5 months to process. And I was so worried 'cause my I-94 will expire. I contact my lawyer about this and this was his reply:

1. While "KM24's" F1 application is pending, her stay in the US is authorized and as such, she will not incur unlawful presence even beyond her I-94.

2. If her F1 application is approved, then her status is changed from B2 to F1.

3. If her F1 application is denied before she loses status under her I-94, then she will not incur any unlawful presence. She may go home right away or opt to stay here in the US until the expiration of her I-94.

4. If her F1 application is denied after her I-94 expires, then her status shall be deemed to end the day the I-94 expires and not on the day the F1 application is denied. If she goes home right away, then she will not have a problem coming back.

5. If after the denial of her F1 application, "KM24" stayed in the US for more than 6 months up to one year, then she will be barred from coming back to the US for 3 years. If she stayed behind for more than one year, then she will be barred from coming back for 10 years. In this scenario, "KM24's" B2 visa shall be revoked.

Good thing guys, my F1 application was approved! I took the risk of staying here in the US. I received the decision just last June. And I'm just so lucky it was approved!

So I guess.. Better let her go back to India.. Than Risk everything..

Thanks for sharing it, but why cant my wife do the same apply for F1 and by God's grace we dont have financial problems, just curious if you did get F1 by getting I20, why would it be difficult in our case (she already has Bachelors degree from India).Can you please explain?

Thanks

[belinda63 3,047]

First she did not state when she entered that was was planning on adjusting status to attend school.

secondly she can only LEGALLY be in the US under her current status until her I-94 expires. It is extremely unlikely she will be able to complete all the paperwork and adjust her NON immigrant status prior to the 90 days being up.

After that time she will be in the US Illegally and if found will be deported and incur a ban. Additionally she may incur a ban for misrepresentation since she did not intend to simply visit the US but to remain her for some period, hence the requirement to inform the POE that she was planning to adjust status.

If you attempt it you are playing with fire with anything from nothing to lose up to a life time ban.

[km24 0]

Tell her to go back to India. That's the safest way. You can file for F1/Student visa but the processing may take a while. You have to prepare for everything - school requirements, SEVIS and USCIS applications. And I tell you, you need a lot of money for this. From the application fees down to the school tuition and a lot of TIME. I'm just worried 'cause they only gave her like 3 months.

I came here with a B2/Visitors Visa that was November 2008. They gave me 6 months to stay here in US. I applied for F1/Student Visa last March 2009. My I-94 will expire on May 2009. That's what happened. When I applied for a F1 visa, I never thought that it will take like 2.5 months to process. And I was so worried 'cause my I-94 will expire. I contact my lawyer about this and this was his reply:

1. While "KM24's" F1 application is pending, her stay in the US is authorized and as such, she will not incur unlawful presence even beyond her I-94.

2. If her F1 application is approved, then her status is changed from B2 to F1.

3. If her F1 application is denied before she loses status under her I-94, then she will not incur any unlawful presence. She may go home right away or opt to stay here in the US until the expiration of her I-94.

4. If her F1 application is denied after her I-94 expires, then her status shall be deemed to end the day the I-94 expires and not on the day the F1 application is denied. If she goes home right away, then she will not have a problem coming back.

5. If after the denial of her F1 application, "KM24" stayed in the US for more than 6 months up to one year, then she will be barred from coming back to the US for 3 years. If she stayed behind for more than one year, then she will be barred from coming back for 10 years. In this scenario, "KM24's" B2 visa shall be revoked.

Good thing guys, my F1 application was approved! I took the risk of staying here in the US. I received the decision just last June. And I'm just so lucky it was approved!

So I guess.. Better let her go back to India.. Than Risk everything..

Thanks for sharing it, but why cant my wife do the same apply for F1 and by God's grace we dont have financial problems, just curious if you did get F1 by getting I20, why would it be difficult in our case (she already has Bachelors degree from India).Can you please explain?

Thanks

The consul only gave her 3 months, right. When did she arrive here?

Do you think you can prepare all the requirements in just a short period of time? You should first look for a school for her before applying for a student visa. You should meet all their requirements. The school will be the one who will give you the I-20. Then you can now apply for a change of status from B2 to F1.

I got this online.. Hope this helps!

You must show that you have enough money or financial support to study in the U.S. without working. You must also prove that you do not intend to immigrate to the U.S.

Step 1: Acceptance by a School, College or University

Call or write any school that you are interested in attending and complete their application for enrollment.

Many schools require a foreign student to take the Test of English as a Foreign Language (TOEFL) asa a part of their application process.

Step 2: Issuance of Form I-20 to Student by School

Once a school accepts you for admission, they will issue a Form I-20 – Certificate of Eligibility for Nonimmigrant F-1 Student Status.

Note: Before they issue Form I-20 to you, the school must make certain you have sufficient financial resources to study full-time (without working).

Step 3: Proof of Sufficient Financial Resources:

Your form I-20 will tell you the estimated cost of one year’s study at the school.

Proof of sufficient resources can come from your own funds or those of close family members.

You can show proof of financial capability in several ways:

1. If you have the personal resources to pay for your own education, you should submit the following as evidence:

Bank Account Information

Trust Statement

2. If you do not have the personal resources to pay for your education, you will need an Affidavit of Support from an immediate family member:

o Affidavit of Support – A family member (parent, brother or sister) may complete the affidavit of support. It should be dated less than six months from the date of submission. The following must accompany the Affidavit of Support:

Bank Letters

Tax Records

1. If a distant relative or friend will be supporting you, they should deposit the money directly into your personal bank account.

Step 4: Submitting the Application to the INS or Consulate

If the student is already in the U.S. on a Temporary Visa, the application for F-1 Status is submitted to the INS Regional Service Center. If the student is approved, he or she will receive an approval notice in the mail form the INS.

If the student is abroad, the student applies for the F-1 Visa at the American Consulate. If the student is approved, he or she will receive a stamp in his/her passport.

First she did not state when she entered that was was planning on adjusting status to attend school.

secondly she can only LEGALLY be in the US under her current status until her I-94 expires. It is extremely unlikely she will be able to complete all the paperwork and adjust her NON immigrant status prior to the 90 days being up.

After that time she will be in the US Illegally and if found will be deported and incur a ban. Additionally she may incur a ban for misrepresentation since she did not intend to simply visit the US but to remain her for some period, hence the requirement to inform the POE that she was planning to adjust status.

If you attempt it you are playing with fire with anything from nothing to lose up to a life time ban.

Belinda.. I agree with you.. If there is limited time then better let her fly to India and come back again by next year.. By next year, if she still plans to study here then tell her to prepare everything..

[km24 0]

Not all schools accept International Students so you have to look for schools that are under SEVIS.. Some schools help you on how to process I-539 and you also have to file for affidavit of support because she will also need a sponsor.

[thinkingeye 0]

Tell her to go back to India. That's the safest way. You can file for F1/Student visa but the processing may take a while. You have to prepare for everything - school requirements, SEVIS and USCIS applications. And I tell you, you need a lot of money for this. From the application fees down to the school tuition and a lot of TIME. I'm just worried 'cause they only gave her like 3 months.

I came here with a B2/Visitors Visa that was November 2008. They gave me 6 months to stay here in US. I applied for F1/Student Visa last March 2009. My I-94 will expire on May 2009. That's what happened. When I applied for a F1 visa, I never thought that it will take like 2.5 months to process. And I was so worried 'cause my I-94 will expire. I contact my lawyer about this and this was his reply:

1. While "KM24's" F1 application is pending, her stay in the US is authorized and as such, she will not incur unlawful presence even beyond her I-94.

2. If her F1 application is approved, then her status is changed from B2 to F1.

3. If her F1 application is denied before she loses status under her I-94, then she will not incur any unlawful presence. She may go home right away or opt to stay here in the US until the expiration of her I-94.

4. If her F1 application is denied after her I-94 expires, then her status shall be deemed to end the day the I-94 expires and not on the day the F1 application is denied. If she goes home right away, then she will not have a problem coming back.

5. If after the denial of her F1 application, "KM24" stayed in the US for more than 6 months up to one year, then she will be barred from coming back to the US for 3 years. If she stayed behind for more than one year, then she will be barred from coming back for 10 years. In this scenario, "KM24's" B2 visa shall be revoked.

Good thing guys, my F1 application was approved! I took the risk of staying here in the US. I received the decision just last June. And I'm just so lucky it was approved!

So I guess.. Better let her go back to India.. Than Risk everything..

Thanks for sharing it, but why cant my wife do the same apply for F1 and by God's grace we dont have financial problems, just curious if you did get F1 by getting I20, why would it be difficult in our case (she already has Bachelors degree from India).Can you please explain?

Thanks

The consul only gave her 3 months, right. When did she arrive here?

Do you think you can prepare all the requirements in just a short period of time? You should first look for a school for her before applying for a student visa. You should meet all their requirements. The school will be the one who will give you the I-20. Then you can now apply for a change of status from B2 to F1.

I got this online.. Hope this helps!

You must show that you have enough money or financial support to study in the U.S. without working. You must also prove that you do not intend to immigrate to the U.S.

Step 1: Acceptance by a School, College or University

Call or write any school that you are interested in attending and complete their application for enrollment.

Many schools require a foreign student to take the Test of English as a Foreign Language (TOEFL) asa a part of their application process.

Step 2: Issuance of Form I-20 to Student by School

Once a school accepts you for admission, they will issue a Form I-20 – Certificate of Eligibility for Nonimmigrant F-1 Student Status.

Note: Before they issue Form I-20 to you, the school must make certain you have sufficient financial resources to study full-time (without working).

Step 3: Proof of Sufficient Financial Resources:

Your form I-20 will tell you the estimated cost of one year’s study at the school.

Proof of sufficient resources can come from your own funds or those of close family members.

You can show proof of financial capability in several ways:

1. If you have the personal resources to pay for your own education, you should submit the following as evidence:

Bank Account Information

Trust Statement

2. If you do not have the personal resources to pay for your education, you will need an Affidavit of Support from an immediate family member:

o Affidavit of Support – A family member (parent, brother or sister) may complete the affidavit of support. It should be dated less than six months from the date of submission. The following must accompany the Affidavit of Support:

Bank Letters

Tax Records

1. If a distant relative or friend will be supporting you, they should deposit the money directly into your personal bank account.

Step 4: Submitting the Application to the INS or Consulate

If the student is already in the U.S. on a Temporary Visa, the application for F-1 Status is submitted to the INS Regional Service Center. If the student is approved, he or she will receive an approval notice in the mail form the INS.

If the student is abroad, the student applies for the F-1 Visa at the American Consulate. If the student is approved, he or she will receive a stamp in his/her passport.

First she did not state when she entered that was was planning on adjusting status to attend school.

secondly she can only LEGALLY be in the US under her current status until her I-94 expires. It is extremely unlikely she will be able to complete all the paperwork and adjust her NON immigrant status prior to the 90 days being up.

After that time she will be in the US Illegally and if found will be deported and incur a ban. Additionally she may incur a ban for misrepresentation since she did not intend to simply visit the US but to remain her for some period, hence the requirement to inform the POE that she was planning to adjust status.

If you attempt it you are playing with fire with anything from nothing to lose up to a life time ban.

Belinda.. I agree with you.. If there is limited time then better let her fly to India and come back again by next year.. By next year, if she still plans to study here then tell her to prepare everything..

Thanks km124, i'm familiar with all those process as i was onF1 before,luckily she has her TOEFL SCORE and we can get all the docs in a weeks time, but would you think that if we file for visa extension and then apply for F1 will be good ,please advice and her TOEFL SCORE is calid till 2011

thanks again