Legal Question in Immigration Law in Alabama

I got married on a B1 visa in June 2015, my spouse does not want to file for me. Can I get and i20 and apply as a student?

Asked on 8/31/15, 11:44 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Usually USCIS does not like to to approve a change of status from B-1/B-2 to F-1. You can try it, but they might make you leave the country & obtain your F-1 at the U.S. Consulate.

However, if you are married to a U.S. citizen, then I can't imagine why he/she would want you to risk being denied re-entry due to immigrant intent or be deported for unlawful presence?

If you are being abused, you may qualify to self-petition under VAWA. I suggest you discuss this matter in detail with an experienced Immigration Attorney. Feel free to contact me if you are being abused & want to explore your options under the Violence Against Women Act (which also pertains to men).

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Answered on 8/31/15, 12:00 pm

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