My husband holds F1 visa and he will go to our home country to change his visa to J1. I will stay in the States and will file I-539 form to change my visa from F2 to J2. is it possible to do that while my husband didn't yet start the process of changing his visa?
No. If he leaves the U.S., then you are out of status if he does not maintain his F-1 status. His decision to enter as a J-1 will complicate matters unless you consular process with him. You may want to consider changing status to F-1 before he leaves, among other visa options.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before he leaves the U.S.
It is unclear whether there are other concerns that may result in your disqualification for a J-2 visa. If not, then it may be best to consular process with him.
This is general information, not legal advice, and does not create an attorney client relationship.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree, no seems to be appropriate based on what you have stated. Seek a consultation with a qualified immigration attorney.
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