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H4 to F1 visa

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  • H4 to F1 visa

    Hello Everyone,

    I am a mother of a child living in the US since last 7 years. My kid is born here and I am on H4 visa. My husband has his green card application in process and is currently on H1B. I have always been been threatened by my husband that he will take my kid away from me. He always insisted that I leave US and go back to India.
    To keep it short, as of now we have a divorce and custody case going on.

    I started to work towards getting admitted into a school and got admitted for a program, obtained my I-20. However, my I-20 is based on my H4 visa and my H4 visa expires in 4 months and divorce/custody judgement is also set to happen in 4 months. I could not apply for F1 earlier as I needed his documents and he refused to provide them. I now I have requested for an independent I-20 so i can apply without his documents. With an independent I-20, I will have to go to India and get the F1 stamping done or stay here and apply for a status change. Based on this, below are my questions

    1) How safe it is to travel to India for my visa stamping? I am not permitted to travel with my kid, hence i am concerned about visa getting rejected since my kid would be in the US.
    2) As per immigration attorney, I will have to apply for F1 and visitor's visa immediately and postpone divorce so I have a status at least until I get visitor's visa. However, can I continue school while on visitors visa with an independent I-20?
    3) If I get the custody of my kid, and then travel to India for F1 stamping with him and my F1 gets rejected, will my husband file a case and get the kid back to US?
    4) Is there any other website/organisation I can seek help?

    I need suggestions on how to work this out and understand what options I have. Please pour in your thoughts/suggestions/advise
    Appreciate your help..Thank you



  • #2
    Can't answer your questions. But try to search & read about "Green card through VAWA" - if that helps.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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