The spouse and minor unmarried children of an F-1 student may be admitted to the United States on F-2 status. They can accompany the student or follow the student at a later date. To qualify for F-2 status, the spouse or the unmarried minor (under 21 years old) must establish to the satisfaction of the consular officer and the immigration officer at the entry point that:
- He or she is the spouse (as demonstrated by a valid marriage certificate) or the child (as demonstrated by a valid birth certificate) of the F-1 student;
- He or she has enough funds to cover costs, or arrangements have been made to cover these costs once the dependant is in the United States;
- The dependent intends to leave the United States when the F-1 status of the student ends;
- If the dependents are following the student later on, “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.”
An eligible dependent should also present a dependent Form I-20 issued by the DSO of the school that issued the F-1 student’s Form I-20. Each dependent must have his/her own Form I-20 properly completed with a unique SEVIS ID.
Same-sex spouses and F-2 status
On June 26, 2013, the Supreme Court of the United States declared article 3 of the Defense of Marriage Act (DOMA) unconstitutional. Immigration agencies (DHS and DOS) have implemented this decision in their policies and procedures.
On August 5, 2013, the Student and Exchange Visitor Program (SEVP) sent the Broadcast Message 1308-01 to SEVIS users, to provide preliminary guidance on the issuance of Form I-20 to a same-sex spouse of an F-1 or M-1 student, who will be seeking admission into the United States as an F-2 or M-2 dependent.
The SEVP guidance document first provides a recap of Department of State guidance regarding the issuance of derivative nonimmigrant visas for same-sex spouses. As with all marriages, same-sex marriages will now be recognized for the purpose of issuance of derivative nonimmigrant visas if the marriage is “recognized in the place of celebration.” The requirement that a marriage be “recognized in the place of celebration” has been a long-standing policy in immigration law. What has changed is that now the same standard will be extended to same-sex marriages as well.
The SEVP document below provides the following guidance to DSOs on issuing F-2 and M-2 dependent Forms I-20 to same-sex spouses:
“A designated school official (DSO) should continue to verify marriages consistent with current practices and should now do so for a same-sex marriage if it is “recognized in the place of celebration.” A DSO then may issue a Form I-20, “Certificate of Eligibility for Nonimmigrant Status,” to a same-sex spouse of an F-1 or M-1 nonimmigrant who is seeking admission into the United States as an F-2 or M-2 dependent.”
Other domestic partners and close family of F-1 students
Other domestic partners and close family members who do not meet the F-2 dependent definition may want to explore B-2 status eligibility under 9 FAM 402.2-4 (B) (5) guidelines.