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I have a question about my wife's visa change of status from F2 to F1.

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Answered in 11 minutes by:
3/15/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,856
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So what would you like to know about the change of status from F-2 to F-1?

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Customer reply replied 5 months ago
My wife received her Multiple entry F2 visa on January 2018, and she has recently received an admission to start a MS program from the following summer semester. Since changing status inside the US takes 4-6 months, she decided to change her status from F2 to F1 by leaving the country and applying for a F1 visa abroad ( probably Canada). I have two main questions:
First, I am wondering if her F1 visa application needed administrative processing or even in the case of rejection of the F1 visa, during the processing time or after rejection, her previous F2 visa remains valid and she can get back to the US from Canada.
Customer reply replied 5 months ago
Second, I need to explain a little history. My wife and I entered the US on January 2016 for my PhD studies at Iowa State University. We got single entry F1 and F2 visas. My wife traveled abroad to visit our family on November 2017 so that she had to reapply for visa. She received her second Visa on January 16, 2018 (this time a multiple entry one). I am wondering if she need to wait an specific amount of time after her current visa to apply for a F1 visa. I have heard for the change of status, there should be 90 days delay. Am I right?
Customer reply replied 5 months ago
By the way We are from Iran.

As to your first question, the F-2 visa would normally remain valid, but an officer can cancel it if they want to.

As to your second question, no amount of time needs to be waited to get F-1 visa stamping. As to changing status in the U.S., the timing is important because one cannot be in F-1 status more than 30 days before the start of classes.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 5 months ago
The F-2 visa would normally remain valid, but an officer can cancel it if they want to.I am wondering for what reasons an officer may decide to cancel the F2 visa. Since this is a very risky decision to make, I would like to know how likely you think this may happen and with which reasons.

For example, if they believe that the F-2 (or the F-1 principal) has immigrant intent.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,856
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin, Immigration Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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