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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94311
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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hello Lawyer, hope this meets you well. My husband and myself

Customer Question

hello Lawyer, hope this meets you well.
My husband and myself currently have a B1/B2 visa, which has 1 more year to expire. However, we both wish to apply for a F1 visa soon. Kindly advise if we should book the interview together or separately. Also advise, if i alone should go for the F1 visa alone and then he can change status to F1 when we get to US.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


I would say that to have the best chance of getting everything you want, I would each enter the U.S. independently, like perhaps a day apart or on differnt flights, have a seperate reason for entering like that you are coming on vacation, to sight-see, etc. even that you want to look for a school is fine as long as you do not lie and you can show non-immigrant intent. Then you can each do a change of status to F-1 status and show that you have been accepted into a school, that you have the funds to pay for classes and living expenses and not have to work, and that you have unrelinquished homes outside of the U.S. with the intent that you will go back once you are done. That would give you the best chance. If you need to travel later, you can leave the U.S. and go for visa stamping, but the better chances are always changing status inside of the U.S.


I have to log off for a bit, so I may be delayed in responding if you have further questions. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94311
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 8 months ago.

Thanks for your response.


However, kindly explain further on the necessity to enter US seperately.


 


Also, what will be the best excuse to give for changing our staus to F1 in US and not our home Country.


 


In additon, if i chose to apply in my Home Country for the F1 and get denied, would it affect the outcome of my application for change of status if i later come to the US to apply after being denied in my Country?


 


Having obtained approval for change in staus, must the Visa stamping be done in my home country or can it be done in any other country? Is it guaranteed that my home country would stamp the visa once the F1 is appproved in US?


 


I promise to give a bonus and sign up if these questions are well answered.


 


Awaiting your response.


 


Thank you.


 

Customer: replied 8 months ago.

Thanks for your response.


However, kindly explain further on the necessity to enter US seperately.


 


Also, what will be the best excuse to give for changing our staus to F1 in US and not our home Country.


 


In additon, if i chose to apply in my Home Country for the F1 and get denied, would it affect the outcome of my application for change of status if i later come to the US to apply after being denied in my Country?


 


Having obtained approval for change in staus, must the Visa stamping be done in my home country or can it be done in any other country? Is it guaranteed that my home country would stamp the visa once the F1 is appproved in US?


 


I promise to give a bonus and sign up if these questions are well answered.


 


Awaiting your response.


 


Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
No need for a bonus. I'm not even sure you can provide one after you have already rated, but that's totally ok. I did not say that it was a necessity. None of what I recommended is a necessity other than proving you have been accepted into a school, have the funds to pay the tuition and living expenses, have an unrelinquished domicile at home, and will be returning when you are done. The reason I recommend entering at different times is because one entering on a B visa is not as suspicious as a family entering together. If they think that your spouse has stayed behind, they would think that you would go back to your spouse and have less reason to stay in the U.S. You could just as well travel on the same plane and get in different lines at the Port of Entry. That might work as well. It was just a suggestion. But if the officer asks if you are traveling with someone, you cannot lie.

As far as changing status from B to F inside of the U.S., you do not need an excuse to do so. It is perfectly legal to do so once you are already in the U.S.

If you are denied the F-1 outside of the U.S., it is possible that you could have a problem using the B to enter. They will may be able to see it in their system that you were denied and if the reason is that you were deemed to have immigrant intent and that's why you were denied, that would be a reason that they would deny you entry on the B visa. So this is why I say it is safer to change status inside of the U.S.

And finally, you hit on the downside of changing status in the U.S. While it is safer, you do not and cannot get a visa stamp inside of the U.S. You have to leave the U.S. and apply to get a visa stamp at a U.S. Embassy or Consulate. It may be possible to go to Canada to do that so that you do not have to go all the way home.

Thank you for the good rating. If you would like to request me in the future, please remember to put my name in the subject box. Good luck to you!
Customer: replied 8 months ago.

Dear Guillermo,


 


Thank you so much.


I would really need your help as i go on with the process.


Is it possible to sign up and have you as the only Lawyer who will attend to me?


 


Louise

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Unfortunately, I am not really allowed to give you my contact information. I would get in trouble with this website if I did. You can look for an attorney at www.ailalawyer.com. Good luck!

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