Change of Status to F-1

[bushra sharif 0]

I entered in Sep 19 on b-2 and my i-94 was valid upto Mar 20, Before Mar20 I applied COS i-539 from b-2 to f-1 and another i-539 for extension, last week my extension case approved and i am still waiting for COS for f-1, my question is that in extension they gave me date to leave the country what options I have if other COS application didnt approve then, I am also pregnant and in my last month now , cant travel medically Please advise the options!

[aaron2020 11,651]

Hi,

 

Once your extension expires, you will not have a legal status which would allow you to obtain F-1 status.  You must be in legal status to obtain F-1 status.  

 

At this point, your extension has expired, so your COS will be denied.  

 

Changing from B-1 to F-1 is just a bad idea.  There is just not enough time to do it.  You are stuck like many other people who try this.  It's always better to get an F-1 visa in your home country.

Is the father a US citizen?  Is he willing to marry you?

 

 

[pablo2752 106]

You have to have maintained a legal status the entirety of COS waiting period. 

As aaron2020, COS under this climate is just a bad idea due to sheer amount of backlogs- and B1/B2->F visa has been largely unsuccessful.  

[bushra sharif 0]

any thing regarding my last month pregnancy?

[SusieQQQ 11,586]

20 minutes ago, bushra sharif said:

any thing regarding my last month pregnancy?

How do you propose to look after a new baby and meet the F1 requirement of full time study?

[bushra sharif 0]

if you have information on my answer then please go ahead otherwise you can ask question in forum.....

[SusieQQQ 11,586]

53 minutes ago, bushra sharif said:

if you have information on my answer then please go ahead otherwise you can ask question in forum.....

You said “anything”. It’s a valid question. 

 

You should be making plans to return home as all indications are your CoS to F1 is not going to be successful. You will have a USC child but your own ability to return to the US anytime in the foreseeable future is likely to be extremely limited if you overstay the time you are allowed on the extension. 

[bushra sharif 0]

thanks

[aaron2020 11,651]

2 hours ago, bushra sharif said:

any thing regarding my last month pregnancy?

Doesn't affect anything.  

 

You're out of status and your COS to an F-1 will be deny.  

 

A US citizen child will not help you.  A US child must be age 21 to petition for a parent.  

[Just Paul 4,595]

2 hours ago, bushra sharif said:

any thing regarding my last month pregnancy?

Certainly bad timing on your part. 

 

You have been pregnant for sometime and made no logical plans and didn't consider what happens when you overstay.  Overstay 180 days and get a 3 year bar. Overstay a year and  the bar becomes 10 years.

 

Hopefully you can leave before the accruing 180 days.

 

 

[bushra sharif 0]

I am still in status

What logical plans should be??
My lawyer told to file another extension with a letter from Doctor that she cant recommend traveling!

[SusieQQQ 11,586]

1 hour ago, bushra sharif said:

I am still in status

What logical plans should be??
My lawyer told to file another extension with a letter from Doctor that she cant recommend traveling!

I am a little confused as to how you can still be in status with only one extension request filed and you entered more than a year ago. When does the extension say you have to leave by?

 

But the “logical plans” are obvious. You must have know for at least 6 months if not longer that you were pregnant. Why wait till airlines won’t take you anymore before trying to decide what to do? This is hardly unforeseeable. Anyway hopefully your lawyer can somehow word the next extension request to be successful, and not make it look like you purposefully waited till you could not fly. By the way: If you have a lawyer why are you asking here? I never understand this. You are paying someone who knows your situation properly for advice, what can we possibly add? 

[bushra sharif 0]

Didn’t find any expert opinion instead of negative and discouraging comments!

[aaron2020 11,651]

29 minutes ago, bushra sharif said:

Didn’t find any expert opinion instead of negative and discouraging comments!

You did get good opinions.  Being out of status means your COS will be deny.  

You're disappointed because you didn't get the opinion that you wanted.  You didn't get the opinion that you could stay and get F-1 status.  

Edited October 17, 2020 by aaron2020

[Boiler 45,525]

Applied sometime before March 20, longest you could have applied for is 6 months so you must be out of status and deportable now.