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III. 법학 (Law)/미국이민법 (US Immigration Law)

F - VISA

by hlee100 2018. 1. 13.
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1. Overview


The F visa is classified into F1 and F2 visas. F1 visas are used by non-immigrant students for Academic and Language training Courses. The F2 visas are used by the dependents of F1 visa holders. Spouse and unmarried, minor children are said to be the dependents of the F1 visa holder.


To qualify for F-2 status, you must be a spouse or an unmarried child under age 21 of an F-1 student. To apply for F-2 status, the F-1 needs to request an F-2 I-20 . Please see Request to Add F-2 Dependent(s) Form.


A person of any non-immigrant status except C, D, K, or M (and in some cases J), those who entered the United States under the terms of the Visa Waiver Program, can apply for a change to F-2 status if he/she has maintained lawful non-immigrant status up to the time of application. Those with J status who are subject to 212(e) two-year home country physical requirement may not change status in the U.S. unless a waiver has been granted. Non-immigrants in A, G, or NATO status must first complete Form I-566, and have it properly endorsed by the foreign mission to the U.S. and the Department of State.


Documentation Needed

  • G-1145, E-Notification of Application/Petition Acceptance
  • A cover letter (one page) requesting the change of status from your current status to F-2. This letter should include a brief explanation as why you wish to change to F-2 status. You should also provide a checklist of the documentation you are including in your application.
  • USCIS Form I-539 Application to Extend/Change Nonimmigrant Status, including application fee.
  • Evidence of financial support (i.e., bank statement, F-1's assistantship letter, etc.).
  • Copy of your entire F-2 I-20 (the F-1 must sign the “Student Attestation” section on page 1 of the form before making a copy). Do NOT send your original I-20. USCIS does not require the original and will not return it.
  • Copies of all of the immigration documents (e.g. DS-2019, I-20, I-797, paper or print-out of electronic Form I-94, valid passport, visa stamp, EAD card, etc.) showing that you are currently in lawful non-immigrant status.
  • Copy of the waiver (if you were previously subject to the 212(e) Two-Year Foreign Residency Requirement while in J status), if applicable.
  • Copies of all of your F-1 spouse's/parent's immigration documents (e.g., I-20, I-797, paper or print-out of electronic Form I-94, valid passport, visa stamp, EAD card, etc.) showing that he/she is currently in lawful F-1 status.
  • Proof of your relationship with your F-1 spouse/parent (e.g., copy of marriage certificate, birth certificate, passport information).

We recommend that you make a copy of this application for your own record.



I-539 Application / Request for change of visa status to F-2 


The following checklist is to help you with assembling your application packet. Include all documents in the order given below.


¨$370.00 fee paid by check or money order and made payable to: U.S. Department of Homeland Security 


 ¨Completed Original I-539 form (send original to USCIS, keep copy for your records) 


 ¨I-94 Record If you have an I-94 card, send the original card (keep a copy of front and back of I-94 card for your records) If you have an electronic I-94, send the printout from the CBP website which you can obtain at www.cbp.gov/I94 


 ¨Copy of new Form I-20 for F-2 dependent (keep the original) Remember to have the primary F1 print his/her name, sign his/her name, and date the original I-20 at item #11 


 ¨Proof of financial support showing that the primary F1 is able to support the dependent F2 financially Copies of recent financial statements are acceptable and should be in English We recommend that you send 3 months’ worth of recent bank statements 


 ¨Copies from your passport: expiration date, identity page, U.S. visa page, and most recent U.S. entry stamp 


 ¨Proof of your current lawful status showing your current visa category and any supporting documents 


 ¨Proof Marriage to the Primary F1 (Copy of the marriage certificate) If the marriage certificate is in a language other than English, also include a notarized translation 


 ¨Copies of the Primary F1 visa holder’s documents (to reflect the primary F1 visa holder’s legal status) Include photocopies of all that apply from the list below: o Most recent I-20 for the F1 


o His/her I-94 record (either copy of card or electronic printout) o His/her passport identity page, U.S. visa page, and most recent U.S. entry stamp o If F1 is on OPT, include copy of the EAD card 


Letter of explanation that briefly explains why you would like to change status to F2 The letter is optional. However, a supportive letter can help USCIS in the adjudication of the application. Mailing Address: Once your packet is complete, mail it to the USCIS Dallas Lockbox address by USPS certified mail (or USPS express mail). Be sure to keep the tracking number for your records. I am including a preaddressed envelope along with your I-20.


Once USCIS receives your application, a Notice of Action (NOA) will be mailed to you giving your case number. Within a few months, your decision notice will be mailed to you. Please provide your International Student Advisor at UFIC with a copy of your NOA and decision notice as soon as you receive them. Please note that this type of application can take from 3 to 6 months to adjudicate. Change of Address: If you need to move from your current place of residence and have not yet received your NOA or your decision notice, be sure to update your address with USCIS by completing the online AR-11 Change of Address Form: https://egov.uscis.gov/crisgwi/go?action=coa.Terms Failure to complete the AR-11 can lead to your documents being mailed to the wrong place. If your documents get lost in the mail, USCIS may charge a fee for sending duplicate documents. It may also further delay the processing time for your application.

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