Jump to content
nhd

Change of Status

12 posts in this topic

Recommended Posts

I am on H4 visa in USA from last 9 years, getting a divorce after 12 years of marriage. My parents are US citizen and they filed for me in F3 category. On my I-797 My priority date is Dec 2010. So my question is that after my divorce is it possible i can stay in USA with my parents and my son(US citizen) with change of status? F3 (Married sons and daughters of U.S. citizens) to F1 (Unmarried sons and daughters of U.S. citizens). How long it will take? Thank you

Share this post


Link to post
Share on other sites

*~*~*moved from “off topic” to “bringing family members of USCs” and one duplicate thread removed - please do not post the same question more than once - thank you*~*~*

 

What country are you from? Mexico and Philippines have longer waits so if you are from either of those you have many more years to wait. If you are an H4 dependent of an H-1B then your status will expire once the divorce is finalized and you will have to leave the country. You cannot stay if your priority date is not current. If your son was born in the USA, he is a USC and can stay. 


 

 

 

 

 

Share this post


Link to post
Share on other sites

You’d probably need to get an attorney to handle changing the classification. You may (I’m not sure) need to return to India between when your H4 status expires and when you get proof of approval of conversion to F1 - the attorney would advise on that. But if you do then you would do consulr processing in India, not AOS.

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
20 minutes ago, SusieQQQ said:

Not if she changes to F1, then the PD is current. So it becomes about changing the classification rather than waiting for a PD.

Must get new glasses. I read the PD as 2016 not 2010. Will edit my post.


 

 

 

 

 

Share this post


Link to post
Share on other sites
26 minutes ago, SusieQQQ said:

You’d probably need to get an attorney to handle changing the classification. You may (I’m not sure) need to return to India between when your H4 status expires and when you get proof of approval of conversion to F1 - the attorney would advise on that. But if you do then you would do consulr processing in India, not AOS.

Wouldn’t it just be a petition upgrade like an F2A that becomes a CR-1 if the petitioner becomes a  USC after filing? There is no visa yet, they are only at petition stage. 


 

 

 

 

 

Share this post


Link to post
Share on other sites
12 minutes ago, JFH said:

Wouldn’t it just be a petition upgrade like an F2A that becomes a CR-1 if the petitioner becomes a  USC after filing? There is no visa yet, they are only at petition stage. 

I don’t know exactly how it works - but if she needs to get divorced before she can upgrade the petition, then isn’t she automatically is out of status before she (or her parents technically) can apply for the upgrade? So she’d need to leave? She can’t just stay because she won’t be able to adjust status if she’s been out of status/has no valid status to adjust from, and there is no forgiveness for overstay for any of the “F” categories. I don’t see how she can adjust actually, wouldn’t she have to do CP?  She won’t be able to file for AOS before the event that puts her out of status.

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
6 minutes ago, SusieQQQ said:

I don’t know exactly how it works - but if she needs to get divorced before she can upgrade the petition, then isn’t she automatically is out of status before she (or her parents technically) can apply for the upgrade? So she’d need to leave? She can’t just stay because she won’t be able to adjust status if she’s been out of status/has no valid status to assist from, and there is no forgiveness for overstay for any of the “F” categories. I don’t see how she can adjust actually, wouldn’t she have to do CP?  She won’t be able to file for AOS before the event that puts her out of status.

Depends if there is a grace period that allows newly-divorced H4s to remain in country for a given period of time after the divorce. 


 

 

 

 

 

Share this post


Link to post
Share on other sites
8 minutes ago, JFH said:

Depends if there is a grace period that allows newly-divorced H4s to remain in country for a given period of time after the divorce. 

I’m always slightly sceptical of Avvo, but on this question asked by someone else a couple of years ago the lawyers all agree there is no grace period after a divorce for H4. I do think best advice for OP is to engage an attorney of her own in case there is a workaround. 

 

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×