F2B pending visiting/studying in the US

[cassieyu83 1]

HI everyone. I am about to file F2B for my daughter who is over 21.  A few questions would be very helpful. 

Could she get married at all during the waiting, or she could until priority date is current? 

Could she come to the US to visit me using her existing visitor visa (still valid for 5 years) 

Could she come to the US to study/work, I'd assume she can't get a student visa abroad, but can she come to the US and change visa? 

 

Thank you!  

[Boiler 45,525]

5 minutes ago, cassieyu83 said:

HI everyone. I am about to file F2B for my daughter who is over 21.  A few questions would be very helpful. 

Could she get married at all during the waiting, or she could until priority date is current? 

Could she come to the US to visit me using her existing visitor visa (still valid for 5 years) 

Could she come to the US to study/work, I'd assume she can't get a student visa abroad, but can she come to the US and change visa? 

 

Thank you!  

Well not at all as long as you are not a US Citizen and she wants to maintain the petition. Presumably marriage would be more important.

Yes

Visa's are obtained abroad not in the US.

[cassieyu83 1]

so can i change her status from visitor to student while F2B is pending? 

[Boiler 45,525]

2 minutes ago, cassieyu83 said:

so can i change her status from visitor to student while F2B is pending? 

If she wants to study then she would apply for a Student Visa at her local Consulate..

[SusieQQQ 11,586]

9 minutes ago, cassieyu83 said:

so can i change her status from visitor to student while F2B is pending? 

That’s complex because of the restrictions on student status (has to be within certain number of days of the start of the course) combined with the long and unpredictable processing times of the I539 form, not to mention the difficulty of proving non-immigrant intent with a pending immigrant petition. Not advised. A denial of a CoS that happens after her b authorized stay has expired would invalidate the B visa and make it almost impossible to get a new one to come visit you. 
Also fallacy to assume she would be granted student status in the US if she’d be denied a visa, they look at the same factors, and your risks are higher (for reasons given above) doing it in the US.
 

27 minutes ago, cassieyu83 said:

Could she get married at all during the waiting, or she could until priority date is current?

She can get married any time, but if it is before she has entered and become an LPR the petition/visa will be in invalidated. Alternatively she can wait to marry before entry if you have become a citizen by then, her category would change to F3 and wait time would increase by maybe 8-10 years. 

Edited April 8, 2020 by SusieQQQ