My wife wants to enroll in college. She needs to change her status. Our visas are expired but we are legals because we have our I-20 working until may 2014 because Im a current student. Is there a way to change the status of that expired visa without leaving the country?
The visa controls the periods of time under which you and your wife can enter the country; it does not control legal status once you are here. That control is exerted by U.S.C.I.S. As long as you are maintaining F-1 status, you and your wife are both legal and your wife is eligible to change her visa status from F-2 to F1. She would make the request of U.S.C.I.S. on form I-539 with payment of fees of $200 for the SEVIS form and $290 for the application.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.
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