Intstudspouse
Junior Member
I'm currently in the US on an F2 visa. I applied for a change of visa status, from F2 to F1, because I wanted to study. My application got denied because I was not able to establish that I have sufficient financial support for my studies.
Do I fall out of status of my F2 visa because my application was denied even though my spouse's F1 is still valid?
The last paragraph of the Notice of Decision that USCIS sent me states:
"USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-539 leaves you without lawful immigration status and you are now present in the United States in violation of the law. You are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the United States. Also, as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby cancelled."
I don't understand this. I have not violated the terms of my F2 visa. Shouldn't my F2 visa remain valid as long as my spouse's F1 visa is still valid?
Do I fall out of status of my F2 visa because my application was denied even though my spouse's F1 is still valid?
The last paragraph of the Notice of Decision that USCIS sent me states:
"USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-539 leaves you without lawful immigration status and you are now present in the United States in violation of the law. You are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the United States. Also, as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby cancelled."
I don't understand this. I have not violated the terms of my F2 visa. Shouldn't my F2 visa remain valid as long as my spouse's F1 visa is still valid?