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Immigration Issues/Change L2 to F1 without L1 documents

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Question
Hi Ajay,
I have been to USA on L2 and came back to India with some personal issues.

Now i got I 20 and went for visa stamping but was rejected for two times.

the reason that i was rejected that the Visa Officer was asking "you already have been to USA on L2, where is your husband, show me L1 documents" so i could not tell them truly that i have some personal issues with him.

now my question is""Is that sufficient to avoid asking questions on my L2 status," if i show strong proof from attorneys that i have some issues with my husband and iam going to take divorce."

my L2 is going to expire by last week of march 2014.

please give your valuable suggestions.

thanks in advance

Answer
Hi,

Take evidence of a pending divorce and any evidence that your husband is present in the U.S. in L1 status, as maintenance of your L2 status is dependent on your husband's. It is OK to maintain L2 status as long as the divorce is not finalized, but proof of your husband's L1 status is still expected.

However, the Consulate should accept minimal evidence based on your statements and evidence of the divorce action. There may be evidence of emails from your husband from his company email address, perhaps you have health insurance coverage from your husband's L1 employer, perhaps you have a copy of a recent pay stub or joint monthly bank statement, basically any evidence of your husband's employment may be helpful.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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