Troy, MI asked in Immigration Law for Michigan

Q: F2 (Wife's F1) to H4 (My H1) Change of status for kids!

My wife was on F1 OPT and my kids were on F2 status with her.

I joined them on H1 and filed COS for the kids and got the receipt. Wife's F1 has expired and had to leave to Canada for Employment.

Kids are with me now and status of COS shows "Open - Application Filed with USCIS - Awaiting Adjudication"

Timeline:

Filed change of status on May 22nd 2018 for kids.

August 5th Wife left for canada and her F1 expired on Aug 6th 2018

Now that she has left the country and her F1 no longer valid, can the kids stay with me as the COS has been filed before her F1 expired?

Also,My wife would be visiting us occasionally over weekends and Holidays. What would be the best Visa(H4 or B2) category for her to visit us often (multiple entries to USA from Canada) ?

Thanks in Anticipation!

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1 Lawyer Answer

Hector E. Quiroga

PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Your kids’ COS applications are independent from their mother’s. Kids can remain in US. The best visa for her would be the B2.

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