If I came on F2 and applied for change of status to F1 but I applied for divorce and got it finalized and now withdraw my COS, how long can I stay in the US after sending the reason for withdrawal?

I came to the US on F2 visa last year and applied for change of status I-539 to F1. However, due to some personal reasons, I had applied for divorce and also got the judgement. Now, I got an RFE on I-539 from the immigration service center requesting for financial documents. As a supporting document for I-539, I have provided them financial documents from India with my father as the sponsor. Now, my uncle, who is resides in the U.S., is ready to sponsor me for my studies. I want to mention my uncle as sponsor to answer the RFE. Will that be a problem if I change the sponsor now? Also, if I want to gracefully withdraw my case and leave to India, then after sending my letter with reason for withdrawal, should I leave the country

immediately or wait for their response? Do I have a grace period of stay after sending my response?

Asked on April 6, 2016 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can provide an additional sponsor.  However, if you are not interested in pursuing the matter of applying for a change of status, you can simply leave the US when you are ready to do so and not respond to the RFE.  Or respond to the RFE with the documentation and see what happens first as that may affect your decision as to what you want to do.

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