Understanding F1 Visa Dependent Claims As An International Student

International students on F-1 visas can claim dependents, typically defined as spouses and/or unmarried minor children. Dependents may apply for F-2 visas at the same time as the international student or at a later date. F-2 dependent spouses may study part-time, but not full-time, and F-2 dependent children may study at the elementary and secondary levels. It's important to note that F-2 dependents are not allowed to work in the United States, but they may participate in volunteer activities. Additionally, all students and their dependents must be enrolled in an insurance plan that meets the minimum coverage levels.

Dependents must be enrolled in a health insurance plan

International students on F-1 visas must be enrolled in a Student Health Insurance Plan (SHIP). This is a mandatory requirement for all international students on F-1 visas. The high cost of healthcare in the US necessitates this insurance, which is intended to cover the duration of their stay in the country.

Dependents of F-1 visa holders are defined as spouses and/or unmarried minor children. Spouses may be added to the F-1 SEVIS record and given their own I-20, which they can use to apply for an F-2 visa. This F-2 visa allows them to study part-time in the US, but not enrol as full-time students. If an F-2 spouse wishes to study full-time, they can apply for a change to F-1 student status. Children who are F-2 dependents may study at the elementary and secondary levels and can enrol full-time at a college or university until the age of 21.

F-2 dependents must be enrolled in a health insurance plan as soon as they arrive in the US. This is a requirement for all F-1 visa holders' dependents. The insurance plan must meet the minimum levels of coverage set by the university. Dependents who are already in the US on another visa type and need to change their status to F-2 should seek advice from an ISS advisor.

It is important to note that F-2 dependents are not permitted to work in the US. However, they may engage in volunteer activities, provided they do not receive payment for these services and that the activities align with humanitarian or religious objectives.

Dependents can apply for F-2 or J-2 visas

Dependents of international students on F-1 visas are defined as spouses and/or unmarried minor children. Children over the age of 21 are not eligible to enter as dependents. Dependents may apply for their F-2 or J-2 visas at the same time that the international student applies for an F-1 or J-1 visa, or they may apply at a later date. If granted, they may enter the United States when the international student does, or at a later date.

To add a dependent, the international student must first notify their designated school official (DSO) that they would like to bring their dependents to the United States and submit the necessary identifying information. The DSO will then send a Form I-20, "Certificate of Eligibility for Nonimmigrant Status," for each dependent. The dependent will then need to apply for an F-2 or J-2 visa at a U.S. embassy or consulate abroad, or apply to change their status in the U.S. if they are already in the country on another type of visa. It is important to note that there may be deadlines or restrictions on changing visa status while in the U.S.

When applying for their visa, dependents will need to provide proof of their relationship to the international student. For spouses, this means providing proof of a legal marriage that is recognized under the applicable laws of a given country or U.S. state. Common-law marriages or partnerships that are not recognized as legal marriages in a given country or state are not considered marriages for U.S. immigration law purposes, and someone in such a partnership is not eligible for dependent status. For children, proof of the parental relationship will be required.

F-2 dependent spouses may study part-time in the United States but may not enrol as full-time students. If an F-2 dependent spouse wishes to engage in full-time study, they may apply for a change to F-1 student status. F-2 dependent children may study at the elementary and secondary levels (kindergarten through 12th grade) and may also enrol full-time at a college or university until the age of 21.

It is important to note that F-2 dependents are not allowed to work in the United States. However, they may participate in volunteer activities as long as the services performed are not the same as those for which they were previously paid or expect to be hired and paid for in the future.

Dependents cannot work in the US

International students on F-1 visas are permitted to bring their families to the United States, with spouses and unmarried children under 21 eligible for admission in F-2 status as dependent family members. However, it is crucial to understand that these F-2 dependents are not permitted to work in the US.

The F-2 visa is a non-immigrant visa category specifically designed for dependents of F-1 visa holders. While it allows them to accompany their family member during their academic pursuits in the US, it does not grant them the right to seek employment. This prohibition against employment is one of the fundamental conditions of the F-2 visa status. Adhering to this condition is essential to maintain legal status and avoid potential issues with US immigration laws.

F-2 visa holders must understand that their ability to remain in the United States is intrinsically linked to the F-1 visa holder's status. Should the F-1 visa holder lose their status or be out of the country for an extended period, it would directly impact the F-2 visa holder's ability to stay in the US. Therefore, F-2 visa holders must carefully follow all visa conditions and regulations to ensure they remain compliant with US immigration requirements.

While F-2 visa holders cannot work, they are permitted to engage in other activities that can contribute to their personal development. They may study part-time, allowing them to pursue educational goals alongside their F-1 family member. Additionally, they can explore opportunities for personal growth within the parameters of their visa conditions. However, it is essential to remember that F-2 visa holders must depart the US when their F-1 family member's program or status ends, unless they are eligible for and successfully obtain an extension or change of status.

Dependents can study part-time in the US

International students on an F1 visa are considered non-resident aliens for tax purposes. They are only required to pay tax on income earned in the US, and the amount of tax they pay depends on their income, state tax rates, and their entitlement to tax treaty benefits. F1 visa students are exempt from FICA taxes on wages for services performed within the US.

Dependents of F1 visa holders are eligible to stay in the US on an F2 visa. While F2 visa holders are not allowed to work under any circumstances, they can study part-time in the US. To be eligible for an F1 visa, a student must be enrolled full-time at an accredited college, university, or other academic institution, and their school must be authorized by the US government to accept foreign students. F1 visa students are allowed to work on-campus, but only for up to 20 hours a week, and the work must not take the job of a US student. They may work full-time during holidays and vacations.

F1 visa students can also work off-campus in optional practical training (OPT) status, but they must first obtain permission from the USCIS and their school's International Student Office. OPT employment must be directly related to the student's area of study. Students can apply for OPT after being enrolled in a US school for at least 9 months, but they cannot begin employment until they have received their Employment Authorization Document (EAD) and have been enrolled for at least a year.

F1 visa students who finish a program and start another one at the same campus may continue on-campus employment, as long as they plan to enroll in the new program for the next term. On-campus employment must be for the school or for a company that contracts with the school to serve students directly. For example, an F1 student can work for a food service company contracted by the school at school facilities, but not at any of the company's off-campus locations.

Dependents must be a resident of Canada, Mexico, or the US

International students on F-1 visas are considered non-resident aliens for tax purposes and must pay tax on their income. Their dependents can apply for F-2 visas, which are given to spouses and unmarried minor children of F-1 visa holders. However, there is a specific set of criteria that must be met for someone to be considered a dependent. One of the most important requirements is that the dependent must be a resident of Canada, Mexico, or the US. This means that if an international student's spouse or child is not a resident of one of these three countries, they cannot be claimed as a dependent.

The term "resident" in this context typically refers to someone who has established a primary residence in one of the specified countries and intends to remain there indefinitely. It is important to note that simply visiting or temporarily staying in Canada, Mexico, or the US does not automatically confer resident status. Each country has its own specific criteria for determining residency, which often includes factors such as the length of stay, intent to remain, and degree of integration into the country.

In the context of the F-1 visa, the requirement for dependents to be residents of Canada, Mexico, or the US is essential. This is because the F-1 visa is a non-immigrant visa, and the US immigration authorities want to ensure that any dependents of F-1 visa holders have a strong connection to one of these North American countries. By requiring dependents to be residents, the authorities aim to prevent the F-1 visa from becoming a pathway for extended families to immigrate to the US.

It is worth noting that the residency requirement for dependents of F-1 visa holders is just one aspect of the eligibility criteria. There are also other conditions that must be met for someone to qualify as a dependent. For example, the relationship between the F-1 visa holder and their dependent must be proven, and the dependent must not have independent financial means. Additionally, the F-1 visa holder must be able to financially support their dependent and provide them with adequate health insurance coverage.

Overall, the requirement for dependents of F-1 visa holders to be residents of Canada, Mexico, or the US is a crucial aspect of the visa process. It ensures that the dependents have a strong connection to one of these North American countries and helps to define the eligibility criteria for dependent status. By understanding and meeting this requirement, international students can ensure that their spouses or unmarried minor children can accompany them during their studies in the US.

Frequently asked questions