If you are still in valid F-1 status, the law allows you to apply for a change of status to B–2 visitor without leaving the U.S. U.S.C.I.S. has authority to decide whether your request can be granted for you to stay for a temporary purpose. It is questionable whether the perceived purpose of your change of status is temporary inasmuch as you would immediately become eligible for adjustment of status to permanent residence as the immediate relative of a U. S. citizen as soon as your wife is sworn in. There is of course nothing to prevent you from trying to change your status to B-2 visitor, and U.S.C.I.S. may grant the status change. I do note that individuals who overstay their visas statuses in the U. S. are not precluded from adjustment of status to permanent residence, and that we have in the past adjusted to permanent residence persons who have overstayed by 20 years in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
If your wife will be a US citizen, you can let your F1 status expire and then apply to adjust your status. Because you are (or will be) married to a US citizen, your expired status will not be held against you.
You can file to "change your status" with the USCIS. This process may take 2 months to process. Once filed, you can lawfully stay here. You may ask for up to six months with documentation for proof of the reasons for the request. You must prove you will support yourself and return home after the time is up. We help process these as well. Harun@ksvisalaw.com
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