Planning to study in the U.S. on an F-1 or M-1 visa? If so, your spouse and minor children (under 21 years of age and unmarried) may request visas to come and stay in the United States with you. They are eligible for visas (F-2 and M-2) simply by virtue of being your spouse and children -- in other words, they won’t have to prove that they are coming to the United States for a specific purpose, such as to travel or study.
Your family members will not get visas automatically, however. First, you will have to prove that they are really your spouse and children, as discussed below. Also realize that certain consulates, particularly those in Southeast Asia, have been known to deny student visas to family members in order to ensure the return of the student.
Your family members will also have to fill out a separate set of application forms, summarized on the checklist below. Once you have filled out your own form and prepared your documents, helping your family members with their applications should be no problem. In fact, you have probably covered some of the requirements for your family members’ applications already, for example when you dealt with such necessities as proving that your financial resources were enough to cover your accompanying family along with yourself.
Who Counts As a Family Member?
The F-2 and M-2 visas were specially created for the legal spouse and children of F-1 and M-1 students. Children who over the age of 21 or who are married will not qualify. If you want to bring your spouse and children to the United States while you study, you will have to prove that they are in fact your spouse and children. To do so, use official marriage and birth certificates.
Make Sure Your Family Members Are Not Inadmissible
Every applicant for a U.S. visa, your family members included, must prove that they don’t present such a high health, security or other risk that they cannot be admitted to the United States. If one member of your family is found to be inadmissible, that person’s visa could be denied even if the other family members’ visas are granted. For more on this topic, see “Inadmissibility: When the U.S. Can Keep You Out.”
Other Family Members May Be Able to Come Along As Tourists
Family members who are not your spouse and children do not receive the same recognition when it comes to U.S. visas. Your live-in domestic partner for example, will not qualify for an F-2 visa if you have not actually gotten married. Nor will a same-sex partner.
However, such family members may not be left completely out in the cold. A B-2 (tourist) visa may be given to family or household members with close ties to you, such as elderly parents or domestic partners of the same or opposite sex. See ”A B-2 Visa for Visiting the U.S. as a Tourist: Do You Qualify?” for details on obtaining a U.S. tourist visa.
Overseas Family Members’ Checklist
Although your family members’ applications are dependent on yours, each member of your family will need to be just as careful as you are to prepare a complete application. Your spouse or children’s visas may be rejected if the applicant doesn’t prepare a satisfactory application, is inadmissible, or doesn’t appear likely to return to your home country.
Your family’s applications should include the following items:
- Receipt for having filled out Form DS-160, Nonimmigrant Visa Application online.
- proof of family member’s relationship to you (copy of marriage or birth certificate)
- copy of your family member's SEVIS dependent Form I-20
- passport (valid for at least six months beyond your family members' intended period of stay)
- documents showing that your family members will return to your home country
- copies of your documents showing that you can pay your tuition, fees and the whole family’s living expenses
- visa fee ($160 as of early 2013)
- two passport-style photos
After you have prepared visa applications for yourself and any accompanying family members, the next step is to prepare for your consular interview, described in “The Day of Your Consular Interview.”