Staying in the US on B-2 while F-2 has been applied for

[mkndviji]

Hey all,

My spouse is currently in the US on a B-2 tourist visa with me, an F-1 on OPT visa holder. We are planning to apply for a change of status for her to F-2 (student spouse) visa. On the tourist visa, she can stay here for a max 6 months. Can she stay in the US for more than that time period, given that she has applied for the F-2 visa and is waiting for it to get approved? How long will it take for F-2 visa to come in the US (change of status from B-2)? Is it easier from our home country? Please advise.

Thanks in advance.

[Libra_14]

My spouse is currently in the US on a B-2 tourist visa with me, an F-1 on OPT visa holder. We are planning to apply for a change of status for her to F-2 (student spouse) visa. On the tourist visa, she can stay here for a max 6 months. Can she stay in the US for more than that time period, given that she has applied for the F-2 visa and is waiting for it to get approved?

Yes, once you file for COS, your spouse can continue to stay after B2 I94 expiry date awaiting response of COS application.

How long will it take for F-2 visa to come in the US (change of status from B-2)? Is it easier from our home country? Please advise.

You won't get a new visa within USA, USCIS will just change status from B2 to F2 in their records. Whenever your spouse leaves USA, a new F2 visa will be needed from home country to re-enter into USA.