Switching from Student Visa (F-1) to Student Dependent Visa (F-2) Guide

Key Takeaways:

• F-2 visas are for dependents of F-1 students, allowing spouses and children under 21 to reside legally in the U.S.
• Applying involves obtaining an I-20 from the F-1 student’s school, assembling documents, completing forms, and attending a visa interview.
• F-2 dependents cannot work or study full-time; must follow strict status rules and may need to change visas if situations change.

What is an F-2 Visa and Who is Eligible?

The F-2 visa is designed specifically for dependents of F-1 international students in the U.S. It enables the spouse and unmarried children under the age of 21 to legally reside in the country while the F-1 student is pursuing their education. However, F-2 dependents are not permitted to work or enroll in a full-time academic program. Eligibility for an F-2 visa requires you to be either the spouse or an unmarried child under 21 of an F-1 student who is maintaining valid F-1 status. Once a child turns 21, they must switch to another visa category or leave the U.S.

Requesting an F-2 I-20 from the School: The Essential First Step

The initial step in transitioning from an F-1 student visa to an F-2 dependent visa involves obtaining an I-20 Certificate of Eligibility for your dependent(s) from the Designated School Official (DSO) at the F-1 student’s school. The DSO will require the following:

• Copy of the dependent’s passport bio page
• Proof of relationship (such as a marriage certificate for spouse, birth certificate for child)
• Financial evidence that shows the ability to support the dependent(s)

How Do You Apply for an F-2 Visa?

Option 1: Applying from Outside the U.S.

1. Complete the DS-160 Form:
   • The DS-160 application form for nonimmigrant visas is available online. Make sure the form is filled out accurately.
2. Pay the Visa Application Fee:
   • Remit the required fee as part of your application process.
3. Schedule a Visa Interview:
   • Arrange for an interview at the nearest U.S. embassy or consulate.
4. Attend the Interview:
   • Present the I-20, passport, photos, and other required documents during your interview. If your application is approved, the F-2 visa will be stamped on your passport.

Option 2: Changing Status within the U.S.

1. File Form I-539:
   • Submit Form I-539, Application to Extend/Change Nonimmigrant Status, to USCIS, including the new I-20, financial evidence, passport copies, and the filing fee.
2. Wait for the Decision:
   • USCIS will review and mail a decision on your change of status application.

Can You Work or Study on an F-2 Visa?

Under U.S. regulations, F-2 dependents are not allowed to work or enroll in a full-time academic program. However, children in F-2 status can attend elementary and secondary schools full-time, and spouses can take recreational or casual classes on a part-time basis.

What Are the Steps to Apply for a Student Dependent Visa (F-2) in the USA?

Compile Essential Documents

When applying for an F-2 visa, it is crucial to gather and submit various documents. Here is a comprehensive list of what you will need:

1. Valid Passport:
   • Your current and previous passports, along with photocopies of all passport pages.
2. Form I-20:
   • The original Form I-20 issued by the SEVP-certified school for the F-2 dependent and a copy of the F-1 visa holder’s I-20 Form.
3. Form DS-160:
   • The DS-160 confirmation page, complete with barcode and confirmation number.
4. Visa Application Fee Receipt:
   • Proof of payment for the visa application fee.
5. Photographs:
   • A recent USA visa photograph taken within the last six months.
6. Proof of Relationship:
   • For spouses: Original marriage certificate and additional proof of genuine marriage (e.g., wedding album, receipts, honeymoon trip receipts).
   • For children: Original birth certificate or adoption documents.
7. Financial Evidence:
   • Bank statements, tax records, employment pay slips, or a sponsor’s letter confirming financial responsibility.
8. Supporting Documentation:
   • Copies of the F-1 student’s immigration documents, including enrollment verification from the school.
9. Interview Confirmation Letter:
   • The letter confirming your visa interview appointment.
10. Proof of Intent to Return Home:
    • Evidence demonstrating your intention to return to your home country after the F-1 student’s education is completed, such as a return flight ticket or proof of strong ties to your home country.

Entering the U.S. on an F-2 Visa

Once the F-2 visa is approved, the dependent can use it along with the I-20 form to enter the U.S. If the change of status is approved within the U.S., the dependent’s status will be updated to reflect F-2.

Maintaining Your F-2 Status: What You Need to Know

Maintaining F-2 status requires adhering to specific rules:

• You cannot work or enroll full-time in an academic program.
• Children can attend elementary and secondary schools full-time.
• Spouses can engage in part-time recreational or casual classes.
• Depart the U.S. or change status before the F-1 student completes their studies.

What If an F-2 Dependent Wants to Change Their Status?

If an F-2 dependent decides to pursue full-time study or wants the ability to work, they must change their visa status, such as transitioning to an F-1 student visa or an H-1B work visa. This process involves filing a new I-539 and meeting all the requisite conditions for the intended visa category.

Recognizing the Processing Time for Switching from F-1 to F-2 Visa

The timeline for switching from an F-1 to an F-2 visa can vary based on the location and method of application.

Applying from Outside the U.S.

1. Visa Interview Scheduling:
   • After collecting all necessary documents and completing the DS-160 form, schedule a visa interview. The wait time for an appointment can vary by location and the current workload of the embassy or consulate.
2. Interview and Processing:
   • Attend the visa interview with your prepared documents. Processing time typically ranges from a few days to a few weeks. Often, an official decision is made one to two weeks post-interview.

Applying from Inside the U.S.

1. Submit Form I-539:
   • File Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. This generally takes several months to process.
2. Receipt of Notice:
   • You will receive a “Notice of Action” within around two to three weeks, including your case number.
3. USCIS Processing:
   • USCIS processing times can vary, but it generally takes around 90-120 days. However, it can sometimes take longer.

Is Premium Processing an Option?

Premium processing is available to expedite the change of status application process for F-1, F-2, and other nonimmigrant categories. This service guarantees that USCIS will take adjudicative action within 30 calendar days after receiving the required paperwork, including biometrics.

Why Plan Ahead for Your F-2 Visa Application?

• Outside the U.S.: Typically takes 1-2 weeks after the visa interview.
• Inside the U.S.: Generally 90-120 days, but it can be longer depending on USCIS workload.
• Premium Processing: Available for expedited decisions within 30 calendar days.

Planning ahead and applying early can help account for any potential delays.

Detailed Timeline and Processing Steps for Switching from F-1 to F-2 Visa Within the U.S.

Shifting from an F-1 student visa to an F-2 dependent visa within the U.S. can involve a series of steps that vary based on whether you choose standard or premium processing.

Standard Processing Timeline

1. Submit Form I-539:
   • Submit Form I-539, Application to Extend/Change Nonimmigrant Status, either online or via paper. After submission, you will receive a receipt notice (Form I-797) within 2-3 weeks.
2. Biometrics Appointment:
   • USCIS schedules a biometrics appointment within 4-6 weeks post-receipt notice. Attendance is mandatory for fingerprints, photograph, and signature collection.
3. Adjudication:
   • Processing time for Form I-539 generally spans from 3 to 6 months but can extend longer depending on factors like USCIS workload.

Premium Processing Timeline

Due to the premium processing option now available, you can expedite the change of status request.

1. Form I-907 Submission:
   • File Form I-907 along with Form I-539 or separately if the former has already been submitted. Ensure both forms are submitted via the same method.
2. Biometrics Prerequisite:
   • USCIS will initiate premium processing after receiving your biometrics. Quick completion of this step is essential.
3. Guaranteed Processing Time:
   • Premium processing guarantees a response within 30 calendar days after completing all required steps, including biometrics. The fee for this expedited service is $1,750.

Timeline Summary

• Standard Processing: Generally takes about 3-6 months but can vary.
• Premium Processing: Takes up to 30 calendar days post-biometrics, with a $1,750 fee.

How Can You Expedite the Process?

1. Choose Premium Processing:
   • Complete Form I-907 along with Form I-539.
   • Promptly finish all prerequisites, including biometrics.
2. Prepare a Comprehensive Application:
   • Ensure the completeness and accuracy of all required documents to avoid delays.
3. Request Expedited Processing:
   • Under urgent circumstances like severe financial loss or humanitarian situations, you may request expedited processing directly from USCIS.

Final Thoughts

Switching from an F-1 student visa to an F-2 dependent visa in the USA requires careful planning, thorough documentation, and adherence to all requisite procedures. Whether applying from outside or within the U.S., understanding the steps involved and the timelines can significantly ease the process. For more detailed information on immigration procedures, refer to the U.S. Citizenship and Immigration Services website for official guidance and resources.

Staying informed and prepared is key to navigating your visa journey successfully.

Learn Today:

Glossary of Immigration Terms

1. F-2 Visa
   A nonimmigrant visa allowing the dependents (spouse and unmarried children under 21) of F-1 international students to legally reside in the U.S. while the F-1 student is studying.

2. I-20 Certificate of Eligibility
   An official document issued by a Designated School Official (DSO) for nonimmigrant students and their dependents, necessary to apply for visas and admission to the U.S.

3. DS-160 Form
   The online application form required for nonimmigrant visa applicants to apply for a U.S. visa, which must be completed and submitted electronically.

4. Form I-539
   The form used by nonimmigrants to extend their stay or change their status while in the U.S., such as switching from F-1 to F-2 visa status.

5. Premium Processing
   An expedited service provided by USCIS for certain visa petitions and applications, guaranteeing adjudicative action within 30 calendar days for an additional fee.

This Article In A Nutshell:

The F-2 visa allows dependents of F-1 international students to reside in the U.S. Spouses and unmarried children under 21 are eligible. However, F-2 holders cannot work or enroll in full-time study. The process requires obtaining an I-20 form from the student’s school and applying at a U.S. consulate.
— By VisaVerge.com

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