What is surer/faster for an H4 (wanting to study & divorcing in 5 months), COS H4 to F-1? Or get divorced and get F-1 as an international student?

By the time that you obtain your I-20, your divorce will still be in process according to your fact situation. You are eligible to file for a change of status from H-4 to F-1 as long as both you and your spouse have been maintaining valid nonimmigrant status. If you file for the change of status before the divorce, the divorce will not affect U.S.C.I.S.’ adjudication on the F-1 application. You will of course have to show adequate financial support to be a student who can remain here without working. Change of status for those who are in status is usually more certain than consular processing. If you decide to go with change of status and once your change of status is approved, it is up to you as to whether you want to go outside the U. S. to have a visa stamped in your passport. That is not a necessity and many people just stay here with the change of status. You would be allowed to stay as long as you are still maintaining your F-1 status. You are allowed to attend college prior to having your F-1 stamped or even before U.S.C.I.S. makes an adjudication on the change of status. 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.