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Wilton A. Person
Wilton A. Person, Immigration Lawyer
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Experience:  Knowledgeable and experienced immigration lawyer.
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Hello, Me and my wife are citizen of Bangladesh. I am on

Resolved Question:

Hello,

Me and my wife are citizen of Bangladesh. I am on OPT extension now which expires on June 2014. I have a full time job and my employer is willing to sponsor my H1B next year. my wife has a B-2 visitor visa of 5 years, she was here for 6 months last year, went back to our home country and came back again this year, because she can stay only 6 months at a time. she came here this year March 8 and can stay till september 7. She has a bachelors degree in business and she wants to get an MBA from usa but her english is not upto standard. In this circumstances if she gets admission in a university english language institute to improve her english, can she change her status from B-2 to F1 student? how long does this status change process usually take? Or, can should i try to change her status to F-2 as my dependent? which one is more feasible? please advise. Thanks in advance.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.

Yes, your wife is eligible to change her status from B-1/B2 to F-1. Assuming that the English school admits and issues your wife her an I-20 with respect her academic language program, the process normally takes less about 3 or 4 months.

 

Changing your wife to the F-2 is feasible but the problem is that she would not be eligible to engage in full time study which would delay her plan to improve her English and gain admission to a MBA program in a timely advance.

 

The F-2 dependent option is more feasible because she would only need to prove that she is married to you as a valid F-1 visa holder. However, with your wife's background and pedigree, it is unlikely that admission to the English school would be very difficult.

 

Please let me know if you have any additional questions.

 

 

Customer: replied 1 year ago.

we got married before she applied for her B-2 visa. Will that be a problem to change her status to F-2 now as she could have applied for F-2 at the first place instead of B-2 before coming to usa? Does changing from B-2 to F-2 usually takes same time as changing from B-2 to F-1?


 


One last but important question, in case she gets admission and applies for change of status from B-2 to F-1, while her application is still pending but her B-2 period of stay is expiring, can she stay or she has to leave if she doesnt get her status changed by that time?

Expert:  Wilton A. Person replied 1 year ago.
Not likely but it is a possibility because it would have more logical for your wife to apply for the F-2 dependent initially.

There are many variables as to the time frame so it really difficult to predict with any certainty but the general time frame for change of status applications is 3 to 4 months.

Your wife could remain in the United States while a change of status application is pending but if the change of application is denied, your wife would be at risk of having her B1/B2 visa canceled if her I-94 has expired.

Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience: Knowledgeable and experienced immigration lawyer.
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