Divorce while being on h4.. Can I change the status to f1 .. Without going to India.

[Help please]

We got married in India.. I am going through troubled marriage. My husband verbally abuses me so many times. I have a 1 year baby born in us.. I am on h4 visa status.. I want to apply for divorce.. It's hard to live with such a person.. So my question is what happens with the baby after divorce.. I want to keep the baby with me... I want to stay here and study and work so can I change my visa status from h4 to f1 right here in the US? Without going back to India..

[shervin143]

If you get admission into a university, then you can file a COS from H4 to F1 while you are in U.S. The COS need to be filed before your H4 status expires.

[Help please]

Thanks for your reply. In that case who gets the child custody?

[Help please]

Thanks for your reply. In that case who gets the child custody?

Can anyone help me on this please..

[shervin143]

Your immigration status has nothing to do with your child's custody. USCIS cannot dictate that. You have to figure that legally by consulting an attorney.

Thanks for your reply. In that case who gets the child custody?