If I am already in the US, can I still change to the R-1 status?
For a change of status, the applicant must already be holding a valid US visa.Visa free travelers, for example, cannot apply for the R-1 visa. In addition, not all visa categories allow for a status change.
The application for a change of status is to be submitted along with the R-1 visa petition to the US Citizenship and Immigration Services.
We would like to remind you that it is under no circumstances advisable to leave and re-enter the country before your R-1 visa has been approved (by your local US consulate).
The USCIS only approves the R-1 status, it does not issue the visa. This can only be done by the US consulate in your home country.
The change of status does NOT mean you have been issued a visa. If you leave the US and try to re-enter without a valid visa, admission into the country will be denied.
As opposed to other nonimmigrant visas, the R-1 can also be applied for at US consulates in adjacent countries like Mexico or Canada. Otherwise you usually apply at a US consulate in your home country.
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