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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.