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Spouse and Children
 

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children (under 21 years of age) of an applicant under any of the above classifications may also be classified as non-immigrants in order to accompany or join the principal applicant. 

  •  F and M visa derivatives need their own I-20 in order to reside in the U.S. The application procedure is the same.  The family members of F-3 and M-3 visa holders are not entitled to derivative F-2 or M-2 status.
  • J visa derivatives need their own DS-2019 in order to obtain a derivative J-2 visa and reside with you in the U.S. The application procedure is the same; each applicant needs a separate DS-2019 form.
  • Visa class Q is one of the few visa classifications, and the only temporary worker classification, under which dependent spouses or children cannot receive derivative status. A spouse or child, who wishes to accompany or follow to join the holder of a Q visa, must qualify independently for a B-2 or other category of visa.

A person who has received a visa as the spouse or child in these classifications may not accept employment in the United States, except:

  • Spouses of L-1, E-1 and E-2 visa holders are an exception; these spouses may engage in employment with an "employment authorized" endorsement or appropriate work permit.

Spouses and children in these visa classifications may study in public or private school, except:

  • A spouse qualified for an F-2, M-2, or any other derivative non-immigrant classification may only study if those studies are incidental to the primary purpose of travel: to accompany his or her spouse to the United States.  A spouse in F-2 or M-2 status, therefore, may only study part-time.  An F-2 spouse may not engage in a full course of study, but may engage in study that is merely avocational or recreational in nature. To engage in a full course of study, an F-2 spouse must apply for and be granted F-1, M-1, or J-1 status.
  • Kindergarten through grade 12 is allowed for a child qualified for an F-2 or M-2 visa. An F-2 or M-2 child may not engage in study at the post-secondary level, but may engage in recreational or avocational study. To study at the post-secondary level, the child must apply for and be granted F-1, M-1, or J-1 status.

The principal applicant must be able to show that he or she will be able to support his or her family in the United States.