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talia1986

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Posts posted by talia1986

  1. 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 ?

  2. 9 minutes ago, mushroomspore said:

    Well if your change of status is granted, you can stay. But change of status from B2 to F1 can be tricky. From my limited research on it, CoS from B2 to F1 seem like they are rarely granted. You're allowed to marry if you want. I would mentally prepare for a denial, go home and then have your spouse file I-130. 

     

    Getting married does not really count against the F1. But you obviously have immigrant intent since you are considering marriage AND filing I-130. F1 is non-immigrant and requires you to return home after your studies are complete. That said, your change of status is likely to be denied and once it is, you are accruing unlawful presence. LPR spouses do not get to have their unlawful presence forgiven. If you dawdle after receiving the denial, you will be forced to wait until your now-fiance/future-spouse becomes a US citizen before he can petition you.

    thanks

  3. 7 minutes ago, geowrian said:

    You can marry fine. Your legal status likely won't persist until the PD of the I-130 becomes current. You must not overstay.

    COS to F-1 is an unlikely and risky path, especially with a pending extension. F-1 status requires non-immigrant intent (i.e. intent to return home), which is going to be very difficult to show in your circumstances.

    when I applied for it i had the intention to go home, I have been coming and leaving for 5 years , but now  I have to wait for the F1 ... and exactly what i am worried about is that getting married will result in denying the f1

  4. 11 minutes ago, TM92 said:

    Recently, most I-539 (extend/change of status) are being denied. If denied, any time between I-94 expiration and I-539 denial counts as overstay. When does your I-94 expire? Overstay is forgiven for immediate relatives of USCs. How long has he been a LPR? Has he considered to file for naturalization?

    my i94 expired already so my best shot to get the f1

    he applied for naturalization but he got decision cannot be made and we no change in status for 5 weeks now

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