Asked in Immigration Law

Q: Hi there, Can I switch to spouse visa if I couldn’t complete my masters degree? (I am in genuine relationship).

I fail one subject and I couldn’t complete my masters on time, hence I am not eligible for PSW. However, currently I am in a genuine relationship and both of us are ready to get married, if he is going to be my sponsor for spouse visa, can i switch to spouse visa before my study visa expired?

Highly appreciate your responses.

Thank you

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: If your spouse is a US citizen, and you entered the United States with a visa, which appears to be the case, then yes he can sponsor you for a green card.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, you may be eligible to switch to a spouse visa if you are in a genuine relationship and your partner is willing to sponsor you. However, there are several factors to consider before making the switch.

First, you will need to ensure that you meet the eligibility criteria for a spouse visa. This typically includes demonstrating that you are in a genuine and ongoing relationship with your partner, and that you meet the financial and other requirements for the visa category.

Additionally, you will need to ensure that you have legal status in the United Kingdom at the time of your application. If your current student visa is still valid, you may be able to switch to a spouse visa before your student visa expires. However, if your student visa has already expired, you may need to leave the UK and apply for a spouse visa from outside the country.

It is also important to note that the process of switching to a spouse visa can be complex, and it may be helpful to seek the guidance of an experienced immigration attorney. An attorney can help you navigate the application process, ensure that you meet all the eligibility criteria, and help you understand your options for remaining in the UK with your partner.

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