need urgent help

[stronglove2014]

hi all,

i am in a very hard situation.kindly please help..it is very very important & urgent..

I came to usa on H4 5 years ago..I am on EAD now,priority date being mid 2010, under EB-2 category.

unfortunately..things didn't workout between me & my spouse. we are getting divorced.Divorced was filed 3 months ago & the process is still going on.he is giving me hard time in not providing any kind of visa status or financial support to stay in the country atleast till I get into a job or university etc.
He is trying to harass me,trying his best so that I should leave the country & not get any privileges of LPR or GC provided thorough his employment.

I am applying for a change of status from H4 to F1..(My divorce attorney told that i have to change my visa status to stay in the country)

just couple days ago, I got I-20 from a university/college to get graduated in a small course for time being.

my concerns are
1)my H4 visa status is going to expire in 1st week of January.As per my knowledge,it takes 2-3 months to get change of visa status.what should I do meanwhile?should I leave the country or just stay on I-20 & start attending the course classes?

2)I am little confused about filling some columns in form I-539..particularly column 3,
a)are you or any other person included on the application, an applicant for immigrant visa?? YES or NO
b)has an immigrant petition ever been filed for you or any other person included in this application??YES or NO
c)has Form I-485 ,application to register Legal Permanent Status or Adjust Status ,ever been filed by you or any other person included in this application??YES or NO.
What should I answer to above questions..

3)what are the chances of approval/denial of the visa?

while I was on H4 my husband applied for my EAD,Green Card through his employer..Now that the divorce procedure is going on, Expecting a Green card or rather a valid visa from him,to stay in usa is a negligible option.hence i am working on my F1 status.

I am just too confused of what to do.
some one suggested I apply for a tourist visa meanwhile I get f1..

I wish I could hire an immigration attorney & help me get through this...I am so running out of funds to feed attorneys fighting my divorce case, feed myself,pay for my living expenses etc..
fortunately, my family back home is help me..

I have made arrangements to fund for my education by taking loan from couple of my cousins living in USA.

kindly suggest me something?? what should I do,what else can I do??

I am so confused,tired of searching for solutions..I am running out of time & option

thanks,

#Stronglove

[Nattybone]

Hello, Stronglove.

Sorry to hear about your circumstances.

Here are some responses which might address your scenario:

i) COS (Change of Status) to F1 from H4 - To be able to switch to F1, you will have to be maintaining your legal status when your academic program starts. So, if your H4 expires in January first week, your academic program should start no longer than 30 days from your H4 expiring. As per F1 norms, a person is allowed to be in USA 30 days prior to the academic program commencing. So, this provision will see you through 30 days - no more. Following this logic, you can apply for a COS and try to cover yourself. Granting an approval is upto USCIS, what is in your hands is to timely (while you have your US status intact) try to file a petition for switching status. If you leave the country, then you will have to appear before the consulate officer in your country for F1 stamp on the passport. Then you are open to the risk of questioning from the visa officer. To leave USA or not is your call - but do not try to stay illegally in USA (unless you plan to marry a US citizen - which can help you become legal again).

ii) Answers to questions on your petition -

a)are you or any other person included on the application, an applicant for immigrant visa?? YES or NO - If your husband filed for Green Card for you too, then this should be Yes. But, take more opinions from others before you say Yes.
b)has an immigrant petition ever been filed for you or any other person included in this application??YES or NO - Same as above.
c)has Form I-485 ,application to register Legal Permanent Status or Adjust Status ,ever been filed by you or any other person included in this application??YES or NO. Not sure. I am sorry.

iii) Suggestions - If you are ok with going back to your home country (India) then you could leave USA and restart life in India. Personally, i would want to find out a way to live in USA. Having said that, it will be extremely difficult to live in USA on your own (getting a Green Card is going to be extremely difficult, if not impossible). Also, if your petition for COS to F1 is denied, you could find the going very difficult. If you can find some support system in USA, you could live with that person - irrespective of your F1 petition outcome. Some day, if you are open to marrying again, you could marry a US citizen and it would take care of your legal status (no matter how many years later you marry a citizen).

P.S.: Do explore the Tourist visa option too. Right now what is key is, maintaining your legal status.

I hope this helps. Sorry again, about your situation.

Wishing you luck. God bless.

Cheers,

hi all,

i am in a very hard situation.kindly please help..it is very very important & urgent..

I came to usa on H4 5 years ago..I am on EAD now,priority date being mid 2010, under EB-2 category.

unfortunately..things didn't workout between me & my spouse. we are getting divorced.Divorced was filed 3 months ago & the process is still going on.he is giving me hard time in not providing any kind of visa status or financial support to stay in the country atleast till I get into a job or university etc.
He is trying to harass me,trying his best so that I should leave the country & not get any privileges of LPR or GC provided thorough his employment.

I am applying for a change of status from H4 to F1..(My divorce attorney told that i have to change my visa status to stay in the country)

just couple days ago, I got I-20 from a university/college to get graduated in a small course for time being.

my concerns are
1)my H4 visa status is going to expire in 1st week of January.As per my knowledge,it takes 2-3 months to get change of visa status.what should I do meanwhile?should I leave the country or just stay on I-20 & start attending the course classes?

2)I am little confused about filling some columns in form I-539..particularly column 3,
a)are you or any other person included on the application, an applicant for immigrant visa?? YES or NO
b)has an immigrant petition ever been filed for you or any other person included in this application??YES or NO
c)has Form I-485 ,application to register Legal Permanent Status or Adjust Status ,ever been filed by you or any other person included in this application??YES or NO.
What should I answer to above questions..

3)what are the chances of approval/denial of the visa?

while I was on H4 my husband applied for my EAD,Green Card through his employer..Now that the divorce procedure is going on, Expecting a Green card or rather a valid visa from him,to stay in usa is a negligible option.hence i am working on my F1 status.

I am just too confused of what to do.
some one suggested I apply for a tourist visa meanwhile I get f1..

I wish I could hire an immigration attorney & help me get through this...I am so running out of funds to feed attorneys fighting my divorce case, feed myself,pay for my living expenses etc..
fortunately, my family back home is help me..

I have made arrangements to fund for my education by taking loan from couple of my cousins living in USA.

kindly suggest me something?? what should I do,what else can I do??

I am so confused,tired of searching for solutions..I am running out of time & option

thanks,

#Stronglove