Applyig for F1 status and I-130

[Sm07 1]

Hello

I'm on B2 now. My visa expires in mid September.

My boyfriend is supposed to get his GC in late June.

I have two options

1) to apply for F1 first (in June) and then get married and apply I-130 in July or August

2) to get married after he receives GC in July, apply I-130 and then try to change status immediately to F1 I August

Can applying for F1 before I-130 influence bad on later I-130 in first case?

And can I leave US in 2017, and revive F1 visa in my home country to come back to US, while being in GC spouse pending status?

Edited June 6, 2016 by Sm07

[EM_Vandaveer 2,366]

If your future spouse will be a LPR, not a USC, you cannot adjust status immediately. After filing I-130 you have to wait for a visa number to become available. In the meantime you MUST maintain legal non-immigrant status at all times, or leave the US because overstay is only forgiven for spouses of USCs, not for spouses of LPRs.

[Sm07 1]

Thank you for answer

Yes I know

That's why I what to change my status to F1 (student)

I wonder how to do it better and in which order

[Sm07 1]

Thank you for answer

Yes I know

That's why I what to change my status to F1 (student)

I wonder how to do it better and in which order

I will not manage to change status quickly but I may have pending status before my B2 expires. So I can stay in US

The question is what to do first :

1) apply with I-130 and then change status to F1 applying I-20 form. The risk may be that they reject my F1 when they see my I-130. Otherwise I'll have argument that I want to stay with husband

2) to apply with I-20 for student status F1 and then in 2 weeks or so get married and apply with I-130 as a spouse. But this doesn't look very good : B2 to F1 to GC application I-130 in that short terms. will this F1 denial spoil my history somehow? and what if they deny my F1 and tell me to leave USA within a week or so. Will F1 rejection influence bad on my I-130 petition?

As for evidences of our relationship - I have enough. We're together for 3 years or so.

This all is so complicated

Edited June 7, 2016 by Sm07

[aaron2020 11,651]

For an F1 student visa, you need proof that you will return home after your studies are done. It's hard to be able to prove that when you have a spouse in the US who is petitioning for you.

[Sm07 1]

For an F1 student visa, you need proof that you will return home after your studies are done. It's hard to be able to prove that when you have a spouse in the US who is petitioning for you.

Thank you for answer

Will it cause bad consequences of difficulties for me to receive GC in further if I apply for F1 student status and after that in a Month my spouse will petition I-130 for me?

Process if changing status B2 to F1 nowadays takes approximately 6 month so I guess they find out that i got married and petition I-130, but what happens next? If they reject my F1 I'll have to go back to my home country (after 6 months of pending status and staying in the US) and than have interview in home country as if I haven't applied for F1?

Edited June 7, 2016 by Sm07

[arken 4,197]

Like you said, even if you marry and file i130 after applying for change of status, your i130 petition will probably be reflected by the time an officer is looking into your change of status case due to long processing times. That could definitely affect the F1 change of status approval. However it will not affect your I130 petition and future GC processing as long as you maintain your legal status while in US.

I guess the earliest you can file for change of status is late June due to the time needed for college application, acceptance and I-20 issuance. You are possibly applying for college for fall semester which starts on mid August to early september. If your college start date has already passed by the time an officer is processing your COS case, your COS will be denied. The college should update your SEVIS record with a deferred date when your COS is still pending by the college start date. If the college new start date is more than 30 days from your B2 expiry date or if the officer is looking into your case more than 30 days after your B2 expirey date, your COS will be denied. Unless you are very lucky to get your COS processed early, you are in a problem.

[aaron2020 11,651]

Have you been accepted into a school that can issue an I-20? You can only apply for an F1 student visa with an I-20.

[Sm07 1]

Like you said, even if you marry and file i130 after applying for change of status, your i130 petition will probably be reflected by the time an officer is looking into your change of status case due to long processing times. That could definitely affect the F1 change of status approval. However it will not affect your I130 petition and future GC processing as long as you maintain your legal status while in US.

I guess the earliest you can file for change of status is late June due to the time needed for college application, acceptance and I-20 issuance. You are possibly applying for college for fall semester which starts on mid August to early september. If your college start date has already passed by the time an officer is processing your COS case, your COS will be denied. The college should update your SEVIS record with a deferred date when your COS is still pending by the college start date. If the college new start date is more than 30 days from your B2 expiry date or if the officer is looking into your case more than 30 days after your B2 expirey date, your COS will be denied. Unless you are very lucky to get your COS processed early, you are in a problem.

Thank you a lot for the answer

So as much as I understand I don't have many chances to get F1 status, if I petition with I-130

The good thing is that I can play the time and stay in the US in pending status I-20 for some more months while waiting interview as spouse, otherwise I would need to leave the country when my B2 expires.

I received I-20 from college couple of days ago

I heard that it's not recommended to apply for changing status B2 to F1 earlier then 1,5-2 months before B2 expires, because if you apply that early they can send you back to your home country to apply for F1 visa because "you have enough time to go back and apply there"

So now as much as I understand I need to chose only one of two: to get married and wait or to apply and study, without permit to leave the US. Haha..

[Sm07 1]

Have you been accepted into a school that can issue an I-20? You can only apply for an F1 student visa with an I-20.

Yes. I recieved I-20 few days ago. Fall semester 2016.

They told me if my F1 is accepted in the middle of semester or even in the end of it, they will move me to spring semester and issue I-20 with new dates. It seems inevitably to me. I heard that nowadays changing status B2 to F1 takes at least 6 months, so anyway I can start taking classes not earlier Spring 2017

Edited June 7, 2016 by Sm07

[arken 4,197]

Yes. I recieved I-20 few days ago. Fall semester 2016.

They told me if my F1 is accepted in the middle of semester or even in the end of it, they will move me to spring semester and issue I-20 with new dates. It seems inevitably to me. I heard that nowadays changing status B2 to F1 takes at least 6 months, so anyway I can start taking classes not earlier Spring 2017

Just to make sure you don't go out of status that could jeopardize your future GC process, your college start date should not have already passed at the time someone looking over your case OR your B2 visa should not expire more than 30 days before the I-20 start date. So let's say USCIS processes your COS in October/Nov/Dec, if they see September start date on your record, your COS will be denied and you have to leave US ASAP. If the school updates your record with spring 2017 start date, your COS will be denied since the start date is more than 30 days from your B2 expiry and you have to leave US ASAP.

My suggestion would be apply for COS ASAP since you already have I-20 and hope you get the decision before the start date on your I-20. You can marry anytime but you don't have to go through I-130 petition at this time. Other than securing the priority date, you I-30 petition doesn't help in your current status. You should be prepared to leave US and apply for F1 visa at the embassy if your COS is not decided by your I-20 start date or if your COS is denied per above mentioned reasons. If you are married and I-130 is filed by that time, you have to declare such information during visa processing at the embassy.

Edited June 7, 2016 by arken

[Sm07 1]

Just to make sure you don't go out of status that could jeopardize your future GC process, your college start date should not have already passed at the time someone looking over your case OR your B2 visa should not expire more than 30 days before the I-20 start date. So let's say USCIS processes your COS in October/Nov/Dec, if they see September start date on your record, your COS will be denied and you have to leave US ASAP. If the school updates your record with spring 2017 start date, your COS will be denied since the start date is more than 30 days from your B2 expiry and you have to leave US ASAP.

My suggestion would be apply for COS ASAP since you already have I-20 and hope you get the decision before the start date on your I-20. You can marry anytime but you don't have to go through I-130 petition at this time. Other than securing the priority date, you I-30 petition doesn't help in your current status. You should be prepared to leave US and apply for F1 visa at the embassy if your COS is not decided by your I-20 start date or if your COS is denied per above mentioned reasons. If you are married and I-130 is filed by that time, you have to declare such information during visa processing at the embassy.

Thank you a lot

Am I better to leave the US the day my B2 expires even if I'm still in pending status or I can do it after I receive F1 denial letter (in Oct/nov/dec), in a week after I received it, not to jeopardize my future GC?

[arken 4,197]

Thank you a lot

Am I better to leave the US the day my B2 expires even if I'm still in pending status or I can do it after I receive F1 denial letter (in Oct/nov/dec), in a week after I received it, not to jeopardize my future GC?

You are allowed to stay till you get the decision on your COS application. Upon denial you are required to leave US immediately which i believe is few days to a week.

[Sm07 1]

You are allowed to stay till you get the decision on your COS application. Upon denial you are required to leave US immediately which i believe is few days to a week.

Good news

Thank you

[newacct 688]

How is your boyfriend getting his GC?