The topic of f1 to f2 change of status refers to the process by which an international student holding an F1 visa in the United States seeks to change their immigration status to an F2 visa. This may occur when the F1 student’s spouse or dependent child(ren) wish to join them in the United States. It is important for F1 students to understand the steps involved in this change of status process and how it may affect their ability to work or study in the United States.
Understanding the F1 Visa and F2 Change of Status
What is an F1 Visa?
If you are an international student who wants to study in the United States, you must obtain an F1 visa. This visa is granted to non-immigrant students who want to pursue academic or language training programs. The F1 visa is only valid for a specific school and program, and you are required to maintain a full-time course load while in the U.S.
What is an F2 Change of Status?
If you are an F1 visa holder and you want to bring your spouse or children to the U.S., they are eligible for an F2 visa. However, if they are already in the U.S. on a different visa or status, they may be able to change their status to F2. This process is known as an F2 change of status.
Eligibility for F2 Change of Status
Who is eligible for F2 Change of Status?
Spouses and unmarried children under the age of 21 are eligible for F2 visas. To be eligible for an F2 change of status, they must already be in the U.S. on a different visa or status. They must also be related to the F1 visa holder by marriage or blood.
Can F2 visa holders study or work in the U.S.?
F2 visa holders are not allowed to work in the U.S., but they may study part-time or full-time. However, they must first obtain approval from the U.S. Citizenship and Immigration Services (USCIS).
Applying for F2 Change of Status
One key takeaway from this comprehensive guide to F1 to F2 change of status is that spouses and unmarried children under the age of 21 are eligible for an F2 visa. The process of an F2 change of status involves submitting Form I-539, along with supporting documents, to the USCIS. F2 visa holders are not allowed to work in the U.S. but may study part-time or full-time with approval from the USCIS. It is important for F2 visa holders to maintain their non-immigrant status by following the rules and requirements of their visa status.
How do you apply for F2 Change of Status?
To apply for an F2 change of status, you must submit Form I-539, Application to Extend/Change Nonimmigrant Status, along with supporting documents to the USCIS. The supporting documents may include proof of relationship to the F1 visa holder, proof of financial support, and proof of enrollment in a full-time academic program.
How long does it take to process an F2 Change of Status?
The processing time for an F2 change of status varies depending on the USCIS workload. Generally, it takes between 3 and 5 months to process an F2 change of status application. However, you can check the USCIS website for current processing times.
Maintaining F2 Status
Key Takeaway: The F1 visa is required for international students who want to pursue academic or language programs in the United States, while the F2 change of status is available for their spouses and unmarried children under 21 who are already in the US on a different visa or status. F2 visa holders cannot work but may study part-time or full-time with prior approval from USCIS. Applying for F2 change of status requires submitting Form I-539 and supporting documents to USCIS, and maintaining F2 status requires not engaging in unauthorized activities and having valid documentation. Common issues with F2 change of status include failing to maintain non-immigrant status or provide adequate documentation.
What are the requirements for maintaining F2 status?
F2 visa holders are required to maintain their non-immigrant status while in the U.S. This means that they must not work or engage in any other activities that are not allowed under their visa status. They must also maintain a valid passport and I-94 while in the U.S.
Can F2 visa holders travel outside the U.S.?
F2 visa holders are allowed to travel outside the U.S. and return as long as they have a valid F2 visa and I-94. However, they must ensure that they do not stay outside the U.S. for more than 6 months.
Documents Required for F2 Change of Status
One key takeaway from this comprehensive guide is that the F1 visa is necessary for international students who want to study in the United States, and their spouses and unmarried children under the age of 21 are eligible for F2 visas. If the F2 visa holder wants to change their status, they must submit Form I-539 and supporting documents to the USCIS. F2 visa holders are not allowed to work in the U.S. but may study part-time or full-time with USCIS approval. It’s important for F2 visa holders to maintain their non-immigrant status by not engaging in unauthorized activities and to ensure that they have all necessary documentation, such as proof of relationship and financial support.
What documents are required for F2 Change of Status?
In addition to Form I-539, you will need to submit the following documents when applying for an F2 change of status:
Proof of Relationship
You must provide evidence that you are related to the F1 visa holder by marriage or blood. This may include marriage certificates, birth certificates, or other legal documents.
Proof of Financial Support
You must show that you have enough financial support to cover your living expenses while in the U.S. This may include bank statements, proof of income, or other financial documents.
Proof of Enrollment
You must provide proof that you are enrolled in a full-time academic program. This may include transcripts, acceptance letters, or other academic documents.
Common Issues with F2 Change of Status
What are some common issues with F2 change of status?
One common issue with F2 change of status is the failure to maintain non-immigrant status. This may occur if the F2 visa holder engages in unauthorized activities, such as working or overstaying their visa. Another common issue is the failure to provide adequate documentation, such as proof of relationship or financial support.
FAQs for F1 to F2 Change of Status
What is an F1 to F2 change of status?
An F1 to F2 change of status is the process of applying for a change in visa status from an F1 student visa to an F2 dependent visa. This is typically done when a student’s spouse or children want to join them in the United States.
Who can apply for an F1 to F2 change of status?
Spouses and children under the age of 21 of F1 visa holders can apply for an F1 to F2 change of status. They must prove their relationship to the F1 visa holder and demonstrate that they will not be working while in the United States.
What is the application process for an F1 to F2 change of status?
The application process for an F1 to F2 change of status involves filing Form I-539, along with supporting documentation, with the United States Citizenship and Immigration Services (USCIS). The supporting documentation will include proof of the F1 visa holder‘s status, proof of the relationship to the F1 visa holder, and evidence that the F2 visa holder will not be working while in the United States.
How long does it take to process an F1 to F2 change of status?
The processing time for an F1 to F2 change of status can vary depending on the workload of the USCIS. Generally, it takes around 4-6 months for the USCIS to process the application. It is important to apply as early as possible to avoid any complications with timing.
Can F2 visa holders work in the United States?
No, F2 visa holders are not allowed to work in the United States. They may, however, engage in certain types of volunteer work or study full-time with permission from the USCIS. It is important to follow all regulations regarding permissible activities while on an F2 visa.
What happens if the F1 visa holder leaves the United States?
If the F1 visa holder leaves the United States, the F2 visa holder‘s status will generally remain valid as long as they follow all regulations regarding permissible activities. However, if the F1 visa holder is out of status or their visa is terminated, the F2 visa holder may also be affected and should seek guidance from an immigration attorney.
Can F2 visa holders change their status to another visa category?
Yes, F2 visa holders can apply for a change of visa status to another category if they meet the requirements for that category. It is important to work with an immigration attorney to determine the best course of action and ensure all requirements are met.