Lana Oconnell
International students on F-1 visas are considered non-resident aliens for tax purposes and must pay taxes 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 are specific criteria that must be met for someone to be considered a dependent, including being 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 countries, they cannot be claimed as a dependent. F-2 visa holders are not allowed to work but can study part-time in the US.
| Characteristics | Values |
|---|---|
| Definition of Dependents | Spouses and/or unmarried minor children |
| Age Limit for Children Dependents | Under 21 |
| Visa for Dependents | F-2 or J2 visas |
| Visa Application Process for Dependents | Dependents can apply for their visas at the same time as the international student or at a later date |
| Visa Application Requirements for Dependents | Marriage license or birth certificate, financial documents, passport, proof of relationship, proof of sufficient funds to cover expenses |
| Work Authorization for Dependents | F-2 dependents are not eligible to work in the United States |
| Study Authorization for Dependents | F-2 dependents can study part-time in the US |
| Tax Status of F-1 Visa Holders | Non-resident aliens for tax purposes, required to pay tax on income earned in the US |
| Tax Treaty Benefits | The US has income tax treaties with 65 countries, which can reduce or eliminate US tax on various types of income |
| FICA Tax Exemption | F-1 visa holders are exempt from FICA taxes on wages for services performed within the US |
| Tax Refund Eligibility | F-1 international students can claim tax refunds from the US |
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What You'll Learn
F-2 visa eligibility for dependents
International students on an F1 visa are considered non-resident aliens for tax purposes. They are, therefore, exempt from paying certain taxes, such as FICA taxes on wages, and social security and Medicare taxes. However, they must pay federal income tax and, in some cases, state income tax.
Now, if you are on an F1 visa and your spouse or unmarried children under 21 years of age will accompany you to the US, they are eligible for admission under F-2 status as your dependent family members. Each dependent must be issued a Form I-20 and apply for an F-2 visa. They will also need to demonstrate that you, the F1 student, have been admitted or will be enrolled in a full course of study within 30 days, or are engaged in approved practical training following the completion of your studies.
To apply for an F-2 visa, your dependents must complete the DS-160 Nonimmigrant Visa Application and pay the visa application fee. They will also need to schedule and attend a visa interview, during which they will need to present documents that prove their relationship to you and show that they have the required funds to be financially supported while in the US.
F-2 dependents are not authorised to work in the US. They are, however, permitted to attend elementary, middle, and high school on a full-time basis. They can also engage in study that is avocational or recreational in nature, or less than full-time. If an F-2 dependent wishes to pursue a full course of study beyond the elementary, middle, or high school level, they can request a change of status to that of an F-1 nonimmigrant.
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Dependents' ability to work
An F-1 student's spouse and unmarried children under the age of 21 who are accompanying the F-1 student in the United States are eligible for admission in F-2 status as dependent family members. The F-2 visa is for a dependent spouse or an unmarried child under the age of 21. F-2 status enables dependents to stay in the United States during the F-1 student's program.
F-2 dependents are not eligible to work in the United States. They may, however, study part-time and attend elementary, middle, and high school on a full-time basis. They are also permitted to engage in study that is avocational or recreational in nature. If an F-2 dependent wants to pursue a full course of study beyond the elementary, middle, or high school level, they can request a change of status to that of an F-1 nonimmigrant.
F-1 students must prove that they have the financial support to fund their dependents in F-2 status. They should be prepared to document funding for each dependent and can request dependent documents as part of the admissions process or once the F-1 student has arrived in the US.
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Tax implications for F-1 visa holders
F-1 visa holders are typically considered nonresident aliens for their first five years in the US. During this period, they are exempt from paying Social Security and Medicare taxes. However, they must pay taxes on their US-sourced income, which includes income from employment earnings and income from donating plasma. The amount of tax they pay depends on their income, the tax rates of their state, and their entitlement to tax treaty benefits.
F-1 visa holders who have been in the US for more than five years may become resident aliens for tax purposes if they meet the "Substantial Presence Test". This test determines whether an individual should be taxed as a resident or a nonresident alien for a specific year. To pass this test, an individual must be present in the US for at least 183 days over a three-year period, including the current year and the two preceding years.
As a resident alien, an F-1 visa holder would be taxed on their worldwide income and become liable for self-employment taxes. They would also need to file Form 1040 and report their worldwide income, instead of Form 1040-NR, which is used by nonresident aliens.
It is important for F-1 visa holders to comply with tax regulations and meet deadlines to avoid fines and penalties. They may also be eligible for tax refunds and should carefully choose a tax agent or accountant to assist them with their returns if needed.
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Adding a dependent to an F-1 visa
An F-1 student's spouse and unmarried children under the age of 21 are eligible for admission in F-2 status as dependent family members. To add a dependent to an F-1 visa, the dependent must be issued a Form I-20 by the student's school. The student must then submit the F-2 Dependent Request eForm through the iConnect Student Portal. To complete the eForm, the following documents are required:
- Dependent's biographical data passport page(s)
- Bank statement or other evidence of financial resources
Once the submission is received, a new I-20 will be provided, showing the updated financial information, as well as the dependent(s) I-20 within one week. The F-2 dependent I-20 must be signed by the student, not the dependent.
The F-2 dependent can then apply for an F-2 visa at a U.S. embassy or consulate abroad, or apply to change their status in the U.S. by filing an I-539, "Application to Extend/Change Nonimmigrant Status" with USCIS. The dependent must also complete the DS-160 Nonimmigrant Visa Application, pay the visa application fee, and schedule a visa interview appointment. It is important to note that F-2 dependents are not authorized to work in the United States, but they are permitted to attend elementary, middle, and high school on a full-time basis.
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Travel procedures for F-1 and F-2 visa holders
If you are an F-1 visa holder and are planning to travel, there are several procedures you must follow. Firstly, ensure that your passport is valid for at least six months beyond your period of stay in the United States. Additionally, be aware of the expiration date and the number of allowed entries on your visa. Most F-1 visas have "M" (multiple) written under entries, indicating no limit on entries. However, if your visa has expired or you have exceeded the allowed entries, you must renew it at the U.S. Consulate/Embassy in your home country before re-entering the U.S.
If you are travelling to a third country (neither your home country nor the U.S.), research the entry visa requirements for that country. For travel to Canada, you may need a temporary resident visa or Electronic Travel Authorization (eTA). Always consult official government websites for the most accurate and up-to-date information.
When returning to the U.S. after visiting a contiguous country (Canada, Mexico) or adjacent islands for less than 30 days, you may be able to re-enter with an expired F-1 visa due to automatic visa revalidation. However, you must have the proper documentation and not have applied for a new visa during your trip.
Upon arrival at a U.S. port of entry, typically an airport, present your passport, visa, and Form I-20 to the Customs and Border Protection (CBP) officials. They will decide whether to grant you admission to the United States based on the facts and circumstances presented.
If you are an F-2 visa holder as a dependent of an F-1 student, you must also carry certain documents when travelling. These include a current Form I-20 in your name, certifying your admissibility, and a valid visa unless you are from a visa-exempt country.
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Frequently asked questions
Yes, international students on F1 visas can have dependents. Dependents are defined as spouses and/or unmarried minor (under 21) children. Dependents may apply for their F2 or J2 visas at the same time as the international student or at a later date.
The dependent must be a resident of Canada, Mexico, or the US. They must also provide proof of their relationship to the F1 visa holder (marriage or birth certificate) and proof that they have sufficient funds to cover their expenses or that other arrangements have been made.
No, F2 dependents are not eligible to work in the US. They can, however, study part-time.
