Guidance: Tips for F-2 Dependent Visa Applicants

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This article is intended to provide general guidance for F-2 visa applicants: dependents of nonimmigrant students who hold or seek F-1 status. Readers of the MurthyIndiaBulletin and MurthyIndiaDotCom may be aware that spouses and unmarried minor children — under 21 years of age — who are accompanying or following to join the F-1 student, are eligible to apply for F-2 visas. Here we outline the facts considered by the consular officer when making a decision on F-2 applications.

Facts / Information Considered at the Time of Adjudicating an Application for F-2 Visa:

Primary F-1 Student Must Maintain Status:

Before a dependent applies for an F-2 visa, the primary F-1 student must be enrolled in a full course of study and must have joined a full course of study or must be joining a full course of study within 30 days;
In follow-to-join F-2 applications (where the primary F-1 student is already in the U.S.), the primary F-1 student must be maintaining his/her status as student, i.e., he/she must be enrolled and attending a full course of study or must be engaged in an approved practical training, following completion of studies.

Availability of Funds to Support F-2 Dependent:

F2 applicants need to provide evidence that the primary F-1 holder will have sufficient financial resources to cover tuition fees and living expenses for the primary F-1 holder, as well as the F-2 dependents’ expenses. Failure to demonstrate that the F-1 principal applicant has sufficient funds to support him/herself and his/her dependents would result in a visa denial under Section 212(a)(4) of the Immigration and Nationality Act, on the grounds that the applicant would be a potential public charge.

F-2 Dependents Subject to Presumption of Immigrant Intent:

F-2 applicants are subject to the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act. The Foreign Affairs Manual (FAM) in the relevant part states that the consular officer must be convinced that applicant will depart the United States upon termination of student status of the primary F-1 student. However, FAM guidelines also indicate that officers should not make a different decision about derivative nonimmigrant classification when the primary applicant’s visa has been approved.

Additional Requirement for Certain F-2 Dependents:

In cases where the principal applicant (the F-1 student) is in Optical Practical Training (OPT) status — especially in Science, Technology, Engineering, Mathematics (STEM) extensions — F-2 dependents should bring to the visa interview enough documentary evidence to show that: 1) the primary F-1 student has always maintained his/her status, including while on OPT, and 2) that the work on OPT is related to the primary field of study. Unless this is established, the F-2 application may not be approved.

Conclusion:

In most cases, the consular officers make their visa determinations based on information presented on the visa application Form (DS-160), and on information elicited at the interview. It is important to make a clear, honest, and unambiguous application to maximize the possibility of success. At Murthy Immigration Services, we have helped several visa applicants to secure F-2 dependent visas by ensuring that their answers on Form DS-160, and at the visa interview, were honestly and correctly articulated to convey that the applicants have met with F-2 requirements.