H4 to F1 when husband's I-140 is approved

[ashapai1982]

Hello,

I am here on H4 and would like to change my status to F1 to study. My husband's I140 has been approved but has not included me on that.
Will this affect my status change to F1, also will going to India and getting a stamping be difficult.
Any replies would be great

Regards
WantanF1

[DMX17]

The dependent does not come into the GC picture up till the last stage which is filing the I-485s. This happens when the priority date for your husband's I140 is current and you file as a derivative.

This is what I think....

The filing of an I-140 is equivalent to demonstrating immigrant intent. Since your husband will most likely be your financial supporter for your education on F1 and he wants to immigrate, that could mean implicitly that you also have immigrant intent. This, I think, may make it hard, if not impossible, to obtain an F1. Good VOs may catch this issue.

Again, this is my opinion. See what others have to say.

[ashapai1982]

Thanks for ur reply...

My father is going to be my sponsor.. will that help!!

The dependent does not come into the GC picture up till the last stage which is filing the I-485s. This happens when the priority date for your husband's I140 is current and you file as a derivative.

This is what I think....

The filing of an I-140 is equivalent to demonstrating immigrant intent. Since your husband will most likely be your financial supporter for your education on F1 and he wants to immigrate, that could mean implicitly that you also have immigrant intent. This, I think, may make it hard, if not impossible, to obtain an F1. Good VOs may catch this issue.

Again, this is my opinion. See what others have to say.

[txh1b]

Thanks for ur reply...

My father is going to be my sponsor.. will that help!!

No harm in trying. But what DMX said holds good in this case as well. Your ties are more dependent on your husband after marriage than your parents as per the general understanding.

[DMX17]

Thanks for ur reply...

My father is going to be my sponsor.. will that help!!

DS-156 will show your husband working in the U.S. on H-1B. This is one of the potential items that may start a series of questions regarding your husbad's and, indirectly, your immigrant intent.

You can try. Heck if it does not work, study on H4.

I was trying to write something on the non-immigrant intent when you want to immigrate.. But..nothing good came out of my mind.

[ashapai1982]

Thanks...but I have heard its ok to change status while in the US and not go out.. is that true or is that also difficult

[txh1b]

Thanks...but I have heard its ok to change status while in the US and not go out.. is that true or is that also difficult

That should be possible as long as an I485 was not filed on your behalf. File for I-539, COS.