How can my wife with F-2 Visa Work?

[Fr. Bu]

I'm coming in with an F-1 Visa, so my wife will come in as an F-2 Visa. As F-2 visa, dependents cannot work, right? Is there a process or anything that can be donw so that my wife can get some work, even just for part-time? :-D Thanks!

[newms]

You're right that she wouldn't be able to work with a F-2. You should be looking at a J-1 visa for yourself and a J-2 for your wife. This visa will allow your wife to work when she gets to the US. However, the J-1 visa, since it's an exchange visa, comes with a requirement that you reside for 2 years in your home country after you finish studying before you can return to the US.

Edited April 18, 2011 by newms

[Ludwig von Dracula]

However, the J-1 visa, since it's an exchange visa, comes with a requirement that you work for 2 years in your home country after you finish studying before you can return to the US.

I think that is true for most programs, but not all. I'm getting a J-1, so I've done some reading. Music doesn't seem to have this requirement, but maybe I need to do more research. I want to live and work back home in Canada anyway (though that feeling might change after a few years in the US...).

Sorry, Fr. Bu...I had posted an answer to your question which might have given you some hope. I hope you didn't see it before my edit. There are ways for some people with F-2 status to get a limited TN work visa if they have the right kind of education, but this is only available to Canadians (and maybe Mexicans). I didn't look closely enough at your country of origin before I posted.

Edited April 18, 2011 by Ludwig von Dracula

[newms]

I think that is true for most programs, but not all. I'm getting a J-1, so I've done some reading. Music doesn't seem to have this requirement, but maybe I need to do more research.

That's interesting...I didn't know about that. What I've come across is that it is possible to get a waiver of the two year requirement - see here: http://travel.state.gov/pdf/1288%20-%20J%20Waiver%20FAQ-Nov-10.pdf Apparently the 2 year requirement doesn't prevent you from visiting the US before you serve the 2 years in your home country, but it prevents you from working or immigrating to the US before that 2 year requirement is fulfilled.

[beanbagchairs]

That's interesting...I didn't know about that. What I've come across is that it is possible to get a waiver of the two year requirement - see here: http://travel.state....0FAQ-Nov-10.pdf Apparently the 2 year requirement doesn't prevent you from visiting the US before you serve the 2 years in your home country, but it prevents you from working or immigrating to the US before that 2 year requirement is fulfilled.

I read it on another thread in this forum (I think it was the Fullbright thread? sorry I cant reference it right now) that it is EXTREMELY hard to get the 2 year residency waived.

As to the OP question, yes, you should be getting a J1 visa rather than an F1. I imagine you wont get an OPT too if you get a J1, right?

[Ludwig von Dracula]

That's interesting...I didn't know about that. What I've come across is that it is possible to get a waiver of the two year requirement - see here: http://travel.state....0FAQ-Nov-10.pdf Apparently the 2 year requirement doesn't prevent you from visiting the US before you serve the 2 years in your home country, but it prevents you from working or immigrating to the US before that 2 year requirement is fulfilled.

I couldn't remember where this info was coming from, so I did a little bit of research. I found this info on Harvard's international student website (I didn't get into Harvard, just googled the j-1 home residency!):

Now, I'm not sure if everyone receiving a state tuition waiver and assistantship falls under the first category or not. Probably, I guess. I'm pretty sure music wasn't on the "Exchange visitor skills list." Anyway, hopefully this info is helpful to somebody.

Two-Year Home Residence Requirement - 212(e)

In some cases, the J-1 visa carries with it a two-year home residence requirement which obliges visa holders and their J-2 dependents to return to their home countries for two years before being eligible to apply for an immigrant visa or a non-immigrant H or L visa. The requirement also makes J-1 visa holders and their J-2 dependents ineligible to change to any other visa status within the United States if they are subject to it.

Not all J-1 visa holders are subject to this requirement. The requirement applies to those individuals in one of the following situations:

• J-1 visa holders who are funded by the United States Government, their own governments, or international organizations during part or all of their stay in the United States are subject to the requirement.
• J-1 visa holders whose skills are needed in their home countries, as registered on the Exchange Visitor Skills List, are subject to the requirement.
• J-1 visa holders who are graduates of foreign medical schools participating in internships, residencies, or clinical training programs in the United States sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) are subject to the requirement.

Edited April 18, 2011 by Ludwig von Dracula

[newms]

I couldn't remember where this info was coming from, so I did a little bit of research. I found this info on Harvard's international student website (I didn't get into Harvard, just googled the j-1 home residency!):

Now, I'm not sure if everyone receiving a state tuition waiver and assistantship falls under the first category or not. Probably, I guess. I'm pretty sure music wasn't on the "Exchange visitor skills list." Anyway, hopefully this info is helpful to somebody.

Two-Year Home Residence Requirement - 212(e)

In some cases, the J-1 visa carries with it a two-year home residence requirement which obliges visa holders and their J-2 dependents to return to their home countries for two years before being eligible to apply for an immigrant visa or a non-immigrant H or L visa. The requirement also makes J-1 visa holders and their J-2 dependents ineligible to change to any other visa status within the United States if they are subject to it.

Not all J-1 visa holders are subject to this requirement. The requirement applies to those individuals in one of the following situations:

• J-1 visa holders who are funded by the United States Government, their own governments, or international organizations during part or all of their stay in the United States are subject to the requirement.
• J-1 visa holders whose skills are needed in their home countries, as registered on the Exchange Visitor Skills List, are subject to the requirement.
• J-1 visa holders who are graduates of foreign medical schools participating in internships, residencies, or clinical training programs in the United States sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) are subject to the requirement.

Thanks. That's good information Just a FYI though, I saw Music on this list under group 50: http://sait.usc.edu/ois/Upload/2009_revised_skills_list.pdf (I don't know if this is the latest list). However, that list doesn't mention Canada, so I'm not sure if it applies at all to your situation.

[fuzzylogician]

Whether or not the two-year home residency requirement is enforced depends a lot on the source of funding for the J-1 visa. It's almost impossible to get out of it if the funding comes from Fulbright, but it seems that if it comes from the university itself often no one cares about it.

OP: you're right, your wife can't work on an F-2 visa. The first thing to do is to inquire about the possibility of getting a J-1 visa from your university, as suggested above. Your wife would get a J-2 visa; she could then get a work permit within a few weeks of arriving in the US, and find a job. If you've already accepted the F-1 visa, you have less options. To work, your wife will have to find someone who will be willing to issue her a work visa. That's not trivial at all and is time consuming. Another thing to look at is have her apply to a local college or university so she can get her own F-1 visa (in case she is interested in studying, of course). You should plan to have something for her to do, otherwise it could be a huge strain on your marriage.

[Ludwig von Dracula]

OP: you're right, your wife can't work on an F-2 visa. The first thing to do is to inquire about the possibility of getting a J-1 visa from your university, as suggested above. Your wife would get a J-2 visa; she could then get a work permit within a few weeks of arriving in the US, and find a job. If you've already accepted the F-1 visa, you have less options. To work, your wife will have to find someone who will be willing to issue her a work visa. That's not trivial at all and is time consuming. Another thing to look at is have her apply to a local college or university so she can get her own F-1 visa (in case she is interested in studying, of course). You should plan to have something for her to do, otherwise it could be a huge strain on your marriage.

Further info on applying for a work permit with a J-2: it apparently takes about 3 months to process, and it costs $380 to apply. However, this is obviously still much better than not being able to work for years. I agree; that could be hugely stressful on a marriage.

[fuzzylogician]

Further info on applying for a work permit with a J-2: it apparently takes about 3 months to process, and it costs $380 to apply. However, this is obviously still much better than not being able to work for years. I agree; that could be hugely stressful on a marriage.

Yep, thank you, I should have been more accurate. It can take up to three months to get the permit, although I do know lucky people for whom it took much less. If you file in September along with everybody else who just arrived in the US it'll probably take the full three months. Another thing to keep in mind is that it's not advisable to start looking for a job before you have the permit, or you risk alienating potential employers. And, of course, even with a permit finding a job isn't very easy, although it is much better than needing your employer to take care of a visa for you.

[Fr. Bu]

Thanks for the help guys and gals, very much appreciated :-) Unfortunately, I asked the International Affairs Office of the University about my Visa status (and if I could get a J-1), but they said I can only be considered as F-1(for clinical psychology) :-( . So essentially, I'm really stuck with an F-1, and my wife will go utterly bonkers just doing nothing :-(

Edited April 20, 2011 by Fr. Bu