How can you change your visa from a B2 to F2? 6 Answers as of January 10, 2011

I have F-1 visa. My boyfriend has touristic B-2 visa. We plan to get married in USA. Can he apply for F-2 while in USA on regular B-2 visa? What is time needed for change of his status?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your boyfriend, once he's a husband, cannot register for an F-2. You have to reapply for F-1 to qualify him as a derivative visa holder with F-2.
Answer Applies to: California
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Once you are married he may apply to change his status to F-2 by including marriage certificate and proof that you are maintaining your status. His change of status application must be received though before the I-94 expires for his B-2 so plan the wedding accordingly or he will need to return home to change status.
Answer Applies to: California
Replied: 12/28/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Yes. However, you will have to amend your application as well. Please call us for assistance.
Answer Applies to: Texas
Replied: 12/28/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
As long as you and he are in valid F1/B2 status and you are married he can apply to have his status changed to F2 as your spouse. You use form I-539 for that which you can find at www.uscis.gov. Please read the instructions carefully and if you have additional questions, please contact an immigration lawyer.
Answer Applies to: Florida
Replied: 12/28/2010
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, once you are married he can file to change his status to F1. However. he must still in valid B2 status and has not violated his B2 status (ex. by working or going to school). As long as the change of status is filed while he is in status he can remain in the U.S. while the application is being decided.
Answer Applies to: California
Replied: 12/27/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    So long as you get married before your boyfriends I-94 expires, he will need to file an I-539, Application to Change his Status from B-2 to F-2 status, providing USCIS with a copy of his passport, his I-94, your marriage certificate, a copy of your passport, I-94, I-20 and a cover
    letter detailing his request for the change of status based on your recent marriage, which should include an affirmative statement indicating that you both intend to depart the US once your studies are completed here (he must demonstrate non-immigrant intent), along with the appropriate filing fee, which at the moment is $290. Visit the USCIS web-site to download the form. You will also find instructions there as to where the form and supporting documents should be sent. You may want to consult an immigration attorney for assistance in completing the form and addressing any issues or concerns that you might have relative to the issue of immigrant intent. It is important to make clear that neither of you have any desire to remain in the US permanently.
    Answer Applies to: Massachusetts
    Replied: 12/27/2010
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