Spouses and dependents in F-2 status

The spouse and unmarried minor children of an F-1 student may accompany the student to the United States or follow to join the student at a later date.  The dependent family members will be admitted in F-2 status.

Eligibility for F-2 status

To qualify for F-2 status, a spouse or unmarried minor (under age 21) child must establish to the satisfaction of the consular officer and the immigration officer at the port of entry that:

• He or she is the spouse (marriage license) or child (birth certificate) of the F-1 principal;
• He or she has sufficient funds to cover his/her expenses, or that other arrangements have been made to provide for such expenses once in the United States;
• He or she intends to leave the United States upon the termination of the status of the principal F-1 student;
• If the dependents are following to join the student, "the F-1 student is, or will be within 30 days, enrolled in a full course of study or engaged in approved practical training following completion of studies."

Form I-20 for dependents

In SEVIS, each F-2 dependent is issued a dependent I-20 in his or her own name.  If the dependent spouse and unmarried minor children will accompany the F-1 student to the United States, the SEVIS I-20s for the entire family may be prepared at the same time and sent to the family so they can apply for their respective F-1 and F-2 visas and enter the United States.  If the dependents will follow to join the student later, the DSO would have to prepare dependent I-20s for them, and the student would have to send the I-20s to the family abroad.

A record created for a dependent can thereafter be updated, deleted, or reactivated in SEVIS.

Obtaining F-2 visas and entering the United States

An F-1 student's spouse and unmarried minor children who are required to have a valid passport (or travel document) and visa for entry to the United States must apply for F-2 visas at a U.S. consulate or embassy.  Each applicant must present the consular officer with a dependent Form I-20 and other documents that may be required to demonstrate eligibility for F-2 status, such as proof of relationship to the F-1 student.

The consular officer will check the SEVIS information in the consular database, and if the visa application is approved, Form I-20 is returned to the dependent, for use in applying for admission to the United States.  When the family members arrive at the port of entry, they present their F-2 visas and the Form I-20 to the immigration inspector.  Upon admitting an F-2 dependent to the United States, the inspector issues a Form I-94, showing the date and place of entry, F-2 classification, and authorization to stay in the United States for "duration of status."  This means the F-2 dependents may remain as long as the F-1 student maintains status.

F-2 dependents cannot work

Individuals in F-2 status may not accept employment or engage in business under any circumstances.

Study by F-2 dependents

The following restrictions on F-2 study went into effect on January 1, 2003:

1. The F-2 spouse of an F-1 student may not engage in full time study, and the F-2 child may only engage in full time study if the study is in an elementary or secondary school (kindergarten through twelfth grade).  The F-2 spouse and child may engage in study that is avocational or recreational in nature.
    
2. An F-2 spouse or F-2 child desiring to engage in full time study, other than that allowed for a child in paragraph A of this section, must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status.
    
3. An F-2 spouse or F-2 child violates his or her nonimmigrant status by engaging in full time study except as provided in paragraph A or B or this section.

• Paragraph A of this section establishes three general restrictions on F-2 study:

1. F-2 spouses may not engage in full-time study
2. F-2 children may only engage in full-time study at the K-12 level
3. Part-time study is permitted only to the extent that it is "avocational or recreational."

• Paragraph B sets forth the requirement that to pursue full time study other than an F-2 child's K-12 study, the F-2 must apply for and obtain a change of status to F-1, J-1, or M-1.
   
• Paragraph C states the consequences (status violation) of F-2 study that is not permitted by this section.

Part-time study that is avocational or recreational in nature

Paragraph A provides an exception that allows F-2 dependents to "engage in study that is avocational or recreational in nature."

An F-2 dependent could engage in English-language or other study part-time for "avocational or recreational" purposes.  The nature of the study would have to be taken into consideration in assessing the limits of this exception.  For example, even part-time study might be interpreted by USCIS as something other than "avocational or recreational" if it counts towards degree requirement, leads to a specific educational or professional objective, or if it satisfies a prerequisite.

Extension of stay for F-2 dependents

Dependents in F-2 status are permitted to stay in the United States only to the extent that the F-1 student is authorized to stay.  F-2 dependents maintain their status through the F-1 principal maintaining his or her status.  Like F-1 students, F-2 dependents are required to keep their passports valid at least 6 months into the future.

Visits abroad and reentry

An F-2 dependent leaving the United States temporarily must have the documents needed both to enter the country to be visited as well as to re-enter the United States.  As in the case of the F-1 principal, the F-2 dependent needs a valid passport and visa (unless exempt from passport and visa requirements), and a properly endorsed Form I-20.  F-2 dependents are eligible for automatic extension of validity of visas on the same basis as F-1 students.

Departure or termination of status

A nonimmigrant holding F-2 status must terminate that status and depart from the United States "upon the termination of the status of the principal F-1 alien."