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talia1986

apply while in us

By talia1986 in Bringing Family Members of Permanent Residents to America

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WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted
1 hour ago, talia1986 said:

I came here with b2 visa and applied for extension (pending) and then i Got accepted in a school so I applied for change of status (pending)

no I met someone and he proposed he is LPR so I don't know if we can get married and apply while i am here

i did wrong applying for change of status to F1 while here but it is what it is i feel trapped now

B2 extension pending and COS to F1?  So, ties to your home country are lacking, which are required for a B2/F1; slim odds for approval. 

 

File i130 anytime once married, then return home and await LPR spouse processing. That's what I would do. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

talia1986 Rookie

talia1986   0

Posted
Timeline
  • Author
Posted
2 minutes ago, WeGuyGal said:

B2 extension pending and COS to F1?  So, ties to your home country are lacking, which are required for a B2/F1; slim odds for approval. 

 

File i130 anytime once married, then return home and await LPR spouse processing. That's what I would do. 

I am worried about 2 things

first that my i 94 expired in January and i never got a reply on extension so will that affect my return here ?

second I really wanna go the school as soon as possible and my cos to f1 is still pending so do i still have a chance ?

Boiler Grand Master

Boiler   46,110

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You can not change status unless you are un status.

 

You currently will trigger a 3 year ban when you leave, will increase to 10 years in January if you stay that long.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,110

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
5 minutes ago, talia1986 said:

but I applied for change of status before my i94 expires?

You applied in January, even if granted you would now be out of status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,110

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

F1 well you would have had a start date that would I assume no longer apply.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
4 hours ago, talia1986 said:

I came here with b2 visa and applied for extension (pending) and then i Got accepted in a school so I applied for change of status (pending)

no I met someone and he proposed he is LPR so I don't know if we can get married and apply while i am here

i did wrong applying for change of status to F1 while here but it is what it is i feel trapped now

This sort of situation never looks good, however genuine it is. It appears that you are just bouncing from one visa to another in a desperate bid to stay here. Not many people say "I met someone and he proposed"(and saying it like makes it sound like it happened in same hour) - most people say "my boyfriend/girlfriend proposed"

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Boiler Grand Master

Boiler   46,110

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 hours ago, talia1986 said:

the school keeps updating the start date and i will get a new i20 before mine expires

 

That does not keep you in status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

belinda63 Experienced

belinda63   3,047

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Even if your extension were granted, which is very unlikely, it would have expired by now as extensions are only for a maximum of 6 months. I don't think you can change status in country to F-1 when you are out of status. Returning home now would give you a three year ban from returning to the US. 

Boiler Grand Master

Boiler   46,110

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
9 hours ago, belinda63 said:

Even if your extension were granted, which is very unlikely, it would have expired by now as extensions are only for a maximum of 6 months. I don't think you can change status in country to F-1 when you are out of status. Returning home now would give you a three year ban from returning to the US. 

Waiting until January will increase it to 10.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

issea Enthusiast

issea   43

Posted
Filed: F-2A Visa Country: China
 Timeline
Posted (edited)

Why bother doing COS from B1 to F1 in the first place? Since you have the school offer, the simplest thing could be go to Canada/Mexico and apply for F1 visa at the US consulate. If that wasn't applicable then go back to the home country and again apply for the visa at the consulate. I don't see the issue of applying visa overseas, unless you are from the country where it has high rate of visa denial. 

Edited by issea
 
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