QUESTION

Can an F-2 visa holder change to F-1 after divorce?

Asked on Apr 12th, 2014 on Immigration - Texas
More details to this question:
F-2 visa holder wants to change status to F-1 before divorce is finalized. Can this be done?
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3 ANSWERS

If you are accepted into a program of study for the F-1, you can change to F-1 regardless of whether you are married or not.
Answered on Apr 25th, 2014 at 5:16 AM

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Yes. You can apply for a change of status as long as you are eligible and submit the I-539 application before your divorce is finalized and your F-2 status expires.
Answered on Apr 14th, 2014 at 11:34 AM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
This should be OK because the F-2 will technically still be "in status" at the time that the change of status request is filed. The issue is what happens if the COS is denied?
Answered on Apr 14th, 2014 at 11:34 AM

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