Legal Question in Immigration Law in Washington

switching to F1 after divorce with a american citizen ????

I came to the US on F1(student visa) and married an american citizen. My green card petition is pending with the USCIS. now after six months of marriage we are having divorce.Currently, I am studying at a university part time. I need to ask you, what will be my legal status in case of divorce. will it be possible for me to switch back to the student visa(F1) and continue my studies ? further more, if my threats me to write a letter to the USCIS that the marriage was fake, can it affect my conversion to the F1 ?

I will appreciate your early response, as its urgent.


Asked on 2/27/06, 4:56 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: switching to F1 after divorce with a american citizen ????

No, you can not switch to FI because it is not a dual intent visa and purely a non-immigrant visa. Since you have alreday shown interest to immigrate to the USA that makes you statutorily ineligible for F1 visa. If you were victim of physical or mental abuse....you should file for I-360 under VAWA to self petition yourself as an abused spouse.

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Answered on 2/27/06, 11:41 pm
Steve Haddad Steve E. Haddad Attorney at Law

Re: switching to F1 after divorce with a american citizen ????

You are in a predicament. I would be happy to talk to you because i have a few questions.

As a general rule, when someone gets a divorce from the immigration Petitioner (ie husband of a US citizen) before obtaining a green card, the person loses the right to get a green card through them. My questions concern other areas that i need to ask you some particular questions, such as the circumstances regarding the divorce, your course of study etc.

Give me a call i will be happy to discus this with you.

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Answered on 2/27/06, 5:49 pm


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