fijiwind

thank you everyone for the advice it really help!

ill try to relax..

This is a little bit off topic, but I was interested in knowing for personal enrichment. How "compelling" does the evidence of fraud need to be for the immigration service to act upon it? Do they have to have physical proof (ie, tape recording, written email, etc.?) I'm assuming 3rd party testimony and nothing else is not going to count, or is it?

Also, does anyone know anything about the presumption of fraud in marriages less than 2 years old? I've been told that marriages less than 2 years old at the time the green card is received is subject to the presumption of fraud (hence why the conditions on the green card are imposed), and the green card holder has the onus to overcome that burden. What, for instance, would happen when the marriage is almost 3 years old when it comes time to remove conditions on the green card and the USC spouse alleges fraud? How compelling must the evidence be, and does the burden now shift to the immigration service to prove there was fraud involved?

Just curious.

This is not entirely accurate. A B-2 visitor can enter as a "prospective student" and then adjust status to an F-1. Now for a person to arrive as a "regular" visitor (not a prospective student) and then change his/her mind or be influenced by a relative to attend school...that would be a different situation.

Thank you for your responses. I did some research, and Sc0tt28 has given the closest and best answer. For future reference, a B2 should note they may attend school when they arrive and have that noted on their I-94 as a 'prospective student.' Once they decide to attend school, they must be accepted into an INS approved school (One that meets the SEVIS requirements) and then file an I-539 to adjust their status to F1. Note though that if the non-immigrant is seeking to attend public school, they can only attend a public secondary school (usually grades 9-12) and are limited to 12 months of study, and must show that they have reimbursed the school per capita for the expense of having the non-immigrant study there. They are not allowed to attend a public elementary school (usually K-8). The caveat is that an F1 may attend any INS approved PRIVATE elementary or secondary school. Thanks for all your help folks.

I was wondering whether anyone has ever heard of this scenario before: A couple and their 14 year old child were granted a tourist visa to come to the US. The uncle of the 14 year old child would like the child to remain in the US to finish high school (possibly indefinitely), even after the visa has expired. Is this even possible to do?