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chelsea47 · May 16, 2008, 01:37 AM

I am F1 Student, but I got kicked out of school. That means my I-94 expires and I have to leave US within 14 days. But my spouse is also in F1. So, can I file for F2 as dependent to him? Can I remain in US while my application is processed?

lawanwadee · May 16, 2008, 08:54 AM

This is risky... normally you need 60-90 days to get approval.
It's safer to leave and apply for F-2 at US consulate in your country,
Because of your application is denied, it means you overstayed.

How long have you been out of status?
If this is less than 4 weeks, you can re-instate your F-1 by getting new I-20.

chelsea47 · May 16, 2008, 09:08 AM

Thank you lawanwadee,
I just got letter 3 days ago. But still have not got notice that my I-20 expired or I should leave within this much day. I do not want to leave my husband here alone. I hope it will work.

lawanwadee · May 16, 2008, 10:55 AM

You can be out of status even I-20 is not expired.

Since 2003, all foreign students are under SEVIS, simply it means immigration can have direct access to your attendance anytime, and it's the school's obligation to report to DHS/USCIS in case students missed their classes at certain number of hours, etc.

So in your case, even I-20 is not expired but upon receiving notice from USCIS, your status has been already terminated.

Apply for new school, get new I-20 and reinstate F-1 visa ASAP.

chelsea47 · May 16, 2008, 11:34 AM

Thank you so so much. You completely changed my mind. I will now apply for new school and instead of F2 , I will try to get F1 reinstatement. I hope schools are still taking application for Fall.