Q: I have E2 Visa, my 19 year old E2 dependent student. I got married, applying for GC. When does she need to switch to F1?

A: Processing times for change of status from one nonimmigrant status (e.g., E-2) to another nonimmigrant status (e.g., F-1) are very lengthy; much longer that the likely processing time for your marriage-based adjustment of status case. Moreover, maintenance of status for your daughter is crucial. Consider discussing with an attorney the prospect of having your daughter apply for an F-1 visa at a U.S. embassy abroad and then reentering in F-1 status. That method may move more quickly. There are different strategies to discuss. Had you not already married, one additional strategy (even though you are here already in E-2) might have been for your U.S. Citizen spouse (former fiancé) to have filed a fiancé petition. Although that would have required you to have eventually left to get your K-1 visa abroad, and then return, the beauty of that kind of case is that unmarried children under 21 are included and can get green cards along with the parent who is entering the U.S. in K-1 fiancé status to marry the U.S. Citizen. If you really have already married, that strategy would no longer be viable.

Note that many attorneys offer online video consultations. Good luck!

A: To modify my answer, the K-1 would not actually be a viable process anyway, as individuals like you already residing legally in the U.S. are not allowed to pursue the K-1 process.

A: If you are applying for a Green Card and your 19-year-old dependent daughter is still in the United States on an E-2 dependent visa, she may be able to continue her studies on that visa while your Green Card application is pending. However, once your Green Card is approved, your daughter will no longer be eligible for an E-2 dependent visa.

If your daughter wants to continue her studies in the United States after your Green Card is approved, she will need to apply for a student visa, such as an F-1 visa. She can apply for the F-1 visa either before or after your Green Card application is filed, but she will need to meet the eligibility requirements for the F-1 visa, including being accepted into a qualifying educational program and demonstrating sufficient financial resources to support herself during her studies.

It is important to note that the process for applying for a Green Card and a student visa can be complex and time-consuming, and there may be additional requirements and restrictions depending on your individual circumstances. It is recommended that you consult with an experienced immigration attorney who can advise you on the best course of action and help you navigate the process.