Posted by: saan_dai May 24, 2007
change of status
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Darkside,
you have 4 option to choose as santosh advice,
Option 1 : Change her to F2, yea this is a good option but needs to show financial support for her to change to F2. if you are graduate student with assistantship than no problem. Also depends how long you have been here like , if you are undergrad student , came to US last semester with no scholarship that there will be a problem. But there is more chance that other option. It also depends how your gf came here in B2 visa ? what was the purpose of visit, ( is it to see her bf? obviously not), if someone sponsor her trip than letter from that person make your case more strong because if onyone came to US with one purpose and did different things than mention in visa application than it reduce the chance of change of status.

Option2: Change to F1 status. This is not that easy as people think.She need all documents from previous school, sponsor letter, bank documents ( INS requires bank document in this case) test like TOEFL , GRE and you need to apply to college 6/7 months before school starts. After school accepts than you can file change of status to F1. There will be no cannce of acceptance unless she has "Prospective Student" stamp on her visa. INS will not approve without "Prospective Student" stamp they made this rule I think 2 yrs ago. Otherwise she can get her I-20 and go to canada for F-1 visa, usually they say go to home country. Don't go with this option, unless she wants to go to nepal to get F1 visa, (this will increase her chance of getting visa coz she will be just returned form US without overstaying and its easy to believe to councellor that she will return to nepal after study)


Option 3 : File visa extension. This is not a good option this is just to extend the stay by 6 month and eventually you have to go with other option after 6 months. It will also make your case weak than before . So , DO NOT go with this option.

Option4: File asylum. This was"Brahama Astra" for nepali to stay in US before showing maoist problem. But maoist are in government now and this will not work. These days INS is rejecting asylum a lot.

On conclusion, I think go with option 1 or option 2 but if you go with option 2 than you MUST have to go to canda or Nepal. So, easy would be option 1. Get married.
Don't forget to call me on wedding party... :-)
Hope it helps.


Saan Dai
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