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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 88123
Experience:  Private practice in several areas, including immigration
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Hello, i just wanted to ask if there are any constraints by

Resolved Question:

Hello, i just wanted to ask if there are any constraints by the US embassy from passing from B2 to F2 visa.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I understand your question to mean that:

1) You currently have a B2;
2) You are in the United States;
3) You wish to adjust to an F2.

If I am correct, then the answer is no, there are no constraints. The only caveat is to be clear that this was not planned at the time the B2 was requested.

Otherwise, this may be done by filing a adjustment of the visa via the I-539, Application To Extend/Change Nonimmigrant Status, here.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Let me tell you friend what the situation is. I am currently a phd student of math departmnt at xxxx xxxxxx and my girlfriend has arranged a meeting in xxxxxx xxxxxxx for getting a tourist visa and she will tell to the representatives in the US council that she is coming to US just to check things up for Undergrad or Grad studies see the costs and stuff and visit some friends which is true and it has nothing to do with our relationship. But I advised her not to mentioned our relationship because this may raise the flags for other questions from them and stuff. There are 2 questions: In case her B2 VISA accepted and we decided to get married the next Summer and she arrange a meeting to the US cunchil for getting a F2 visa will there be a problem having a B2 visa previously. And the other question is if she dont be accepted to get a B2 Visa can she apply some days later for the 90 days tourist excempt as a Greek citizent?

 

Thanks a lot

xxxxx

Expert:  Ely replied 1 year ago.
T,

You may be familiar already with the doctrine of dual intent. If not, see it here. As you can tell, one who enters on a B2 visa should not intend to stay here alternatively.

So even if you are not a US Citizen and cannot technically petition for her to stay longer on an F2 visa, she could stay longer than the original B2. USCIS does not like to be tricked for the lack of a better term, so if they find out this was all planned, her F2 may be denied.

I cannot tell her or you what to state to USCIS/ICE/CBP officials. However, lying is an illegal act and may have serious consequences for both of your visas.

Having said that, as long as they do not suspect that this was all pre-planned, there should not be an issue.

In case her B2 VISA accepted and we decided to get married the next Summer and she arrange a meeting to the US cunchil for getting a F2 visa will there be a problem having a B2 visa previously.

No, provided she did not enter with a B2 and attempt to change to an F2 here, and USCIS thinks that she always meant to do this.

And the other question is if she dont be accepted to get a B2 Visa can she apply some days later for the 90 days tourist excempt as a Greek citizent?

Yes, she can attempt to apply visa the Visa Waiver Program at any time. But if she is denied a B2, a VWP is also likely to be denied.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 88123
Experience: Private practice in several areas, including immigration
Ely and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I just got confushed. What would you advised me to do?

Expert:  Ely replied 1 year ago.
Ah, apologies.

Well I cannot tell you what to do, but if it were me, I would:

1) Marry outside the US and simply petition for her using the F2 visa, or

2) Have her come on a B2 visa without planning to marry, but SHOULD I DECIDE to marry at the last second, then do so, and file for an I-539 explaining that this was a spur of the moment thing and hope USCIS agrees to adjust the visa to an F2. If not, then have her leave the USA and re-file for an F2 from outside.

I am risk-averse. I would go with number one.
Customer: replied 1 year ago.

Thank you very much for your help and advise friend.

 

All the wishes.

xxxxx

 

Expert:  Ely replied 1 year ago.
My pleasure and thank you for your kind words. Good luck.

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