Tamarac, FL Immigration Law Firms & Lawyers

The issue is one of misrepresentation at the time of entry to the U. S. Entering the U. S. with an F-1 visa and having no intent to attend the school for which you obtained the visa constitutes misrepresentation, and is a bar under U. S. immigration law. It would be better for you to obtain a new I-20 and request an amendment on the visa or a new visa to study at the proper school. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Here is the deal, if you have come to the US on ESTA, I would be very careful about doing the right thing. As a resident, your spouse can file a Form I-130 on your behalf seeking visa classification as the spouse of a resident. Problem is that you cannot file an application for adjustment of status (Form I-485) at the same time. So what that means is that you cannot stay in the US while you at awaiting a decision on your applications. Rather, I would highly advise that you leave the US and wait for your spouse to become a US citizen at which time he can file for you to come back. The alternative is that you could stay in the US to wait for your spouse to become a US citizen and then file your applications. But that carries with it a huge risk that you may run into trouble, be placed in some type of removal proceedings and face deportation and removal. I would highly suggest that you find a competent and knowledgeable attorney and discuss these options. Don't leave the US unless you understand the potential consequences of departing if you have violated the terms of your stay and don't remain unless you understand the consequences of doing so. Ask questions and become informed, that is the best advice I can provide.

You seem to be receiving confusing advice. Even if you withdraw your petition, that will still attach to the new one. Your problem seems to be somewhere else. Hire an experienced immigration attorney.