F-1 Students: Family and Friends

Inviting Spouse and/or Children to the U.S. (Students)

This webpage contains everything you need to have ISSS prepare a new I-20 or DS-2019 to allow your dependents to come in F-2 or J-2 status.

How do I add a dependent to my record?

Login to your iHawk account (click the blue login button) using your HawkID and password. Depending on your immigration status, go to "F-1 Student Services" or "J-1 Student Services" and complete the e-form request "Add a New Dependent." Be prepared to answer biographical questions about your dependent and upload a copy of their passport. If you have more than one dependent you are seeking to add, please note you will need to complete a separate request for each individual.
After submission of your e-form request, come in to meet with an ISSS advisor during drop-in hours. Please bring evidence of financial support showing how you will fund your program as well as support your dependent. A new document will not be issued until you can provide the necessary proof of funding.

Definition of “Dependents” – Please note that as of August 2013, federal laws permit a dependent I-20 or DS-2019 to be issued for same-sex spouses. Children must be under 21 and unmarried. Girlfriends/boyfriends, fiancées, or common-law (i.e. unmarried) living arrangements are currently not recognized by U.S. government agencies as being eligible for F-2 or J-2 dependent status. If you fall into one of these situations, please consult an ISSS adviser.

Many international students want their families to join them in the U.S. Before they arrive, we encourage you to think about their adjustment to living here and how your life will change after they join you. Listed below are some issues to think about, do some research on, and talk with your spouse and children about before they arrive. Planning for their arrival will make things easier for everyone.

Budget

In order for ISSS to issue an immigration document for your dependent(s), you will need to provide documentation to ISSS that you can cover minimal living costs for your spouse and children. You will also need to demonstrate that you can pay for health insurance for your dependent(s). You must also consider other expenses:

medical costs and medication not covered by health insurance
car expenses
daycare/baby-sitting or extra-curricular activities for your child(ren)
winter clothing for your family members

It is essential to have adequate funds for your family. Otherwise, you may be in the same situation as the student who wrote, "My wife joined me in December. I did not realize until then that living with a spouse can cause real financial trouble. I moved into family housing from a place where I was paying just $164 in rent. In addition to the $272 rent at family housing, I am paying $80-90 in utilities every month. On top of everything else, my wife is pregnant. Each visit to the doctor costs over $100. I am caught between a rock and hard place." (Rent, medical services, and other rates have gone up considerably since this was written).

Employment

Dependents in F-2 status are not allowed to work in the U.S. J-2 dependents may apply for work authorization from the U.S. government; however, the process, if approved, takes several months and there is an application fee of several hundred dollars.

Visa Issuance

ISSS will issue a form I-20 (F-1 students) or a form DS-2019 (J-1 students) for you to send to your family member in your home country. Your family member will use that form to apply for a dependent visa (either F-2 or J-2, depending on your immigration status). It is important that you include additional documents with the I-20 or DS-2019. These additional documents include:

Financial support information – send one or both as appropriate:
- a bank statement, issued within the last month, verifying the amount of money you have in your account(s).
- if you have a graduate assistantship, a letter from your academic department verifying the amount of your income. Make sure the letter specifically mentions how much you are receiving for the Tuition Scholarship, otherwise the visa officer will not include it.
a certified English translation of an official marriage certificate (for spouses) or evidence of family relationship (for children) such as birth certificates or adoption papers.
Forms from the UI Service Center, 2700 UCC:
- a copy of your most recent UI transcript
- a Verification Letter stating you are currently enrolled full-time or the equivalent of full-time for the current fall or spring semester
photocopies of your I-94, passport, and visa pages

Additionally, please be sure to review guidance from the U.S. consulate to which your dependent will apply for the visa. The two most common reasons visas are denied are (1) lack of adequate financial support – the consul does not believe the required funds are really available and (2) “immigrant intent”--failure by family members to convince the consul that they and the family member who is already in the U.S. will really return home after their stay in the U.S. Please see an advisor if you have any questions or concerns about these obstacles to getting a visa.

Health Insurance

It is essential to have health insurance for your family. In fact, for persons in J-2 status, it is legally required. Only one accident, serious illness, or pregnancy can cause financial devastation. If your dependent joins you later, they must be added to your University policy within 30 days of arrival in the United States.

Children, Schools, and Childcare

Please see the Guide to Living in Iowa City for details on how children are viewed in the U.S., how to enroll your child in school, childcare options or babysitting, safety, and child abuse/neglect.

Dependent Study at the University of Iowa

If your dependent wishes to become a student at the University of Iowa or any other college or university, please discuss this with an ISSS advisor to see what the best course of action may be.

J-2 status - currently there is no regulatory restriction on study for J-2 dependents, and they may study full-time or part-time as desired.
F-2 status - restrictions exist for an F-2 who wishes to study at a college or university:
- Only study that is less than full-time is permitted: Below 12 s.h. for undergrads or 9 s.h. for graduate students. Study less than full-time is permitted for coursework that may contribute to or lead to a degree.

Cultural Adjustment

Many spouses experience difficulty adjusting to life in the United States, especially if they do not speak English well. It is stressful for them to carry out daily activities, assist their children with schoolwork, and make friends. You may need to spend a lot of time at the beginning helping your spouse do things they normally did at home. Your children will also need your assistance with their schoolwork.

During this time, your spouse may become depressed and isolated if you are frequently away from home studying and working. In order to assist in their adjustment, you may need to help your spouse learn English and meet other people. There are opportunities for formal and informal English instruction in Iowa City. Some activities your spouse can consider include joining the International Women's Club, helping at your children' s daycare or school, participating in sports, and volunteering with local organizations.

You might also review the ISSS website on English language opportunities for scholars and spouses.

Suggestions for your spouse from other foreign spouses:

Practice English every day, beginning while in your home country if possible
Learn to drive a car, preferably in your home country first, if feasible
Bring some household and children's items with you

LGBTQ+ Information and Resources

ISSS welcomes all international students regardless of sexual orientation or gender identification. We recognize that students coming to study in the United States come from a variety of perspectives and experiences, and will likely encounter numerous social and cultural ways that differ from home. This website offers an anonymous means for international students to learn more about these issues, read definitions of commonly used terms, learn about local, state, and federal laws, and view links to campus and community resources.

Definitions

The terminology used by Americans is often confusing to international visitors. To begin with, we’ll start with a list of very basic definitions. We thank the University of Minnesota’s International Student and Scholar Services office for the starter list of definitions, which we have updated/added to:

*The terms gay and lesbian refer to socially constructed identities which may or may not be applicable in a new cultural context. There are many cultures in the world that do not equate a social identity to same sex sexual behavior.

Laws, Marriage, and Discrimination

Federal Laws

The U.S. federal government passed the Defense Against Marriage Act (DOMA) in 1996, which prohibited the U.S. government from recognizing same-sex unions but did give individual states the right to decide on their own whether they would recognize same-sex unions/marriages permitted by other states. In 2011 the federal government did take major steps such as repealing the “Don’t Ask, Don’t Tell” policy in the U.S. military, and in 2013 DOMA was declared by the U.S. Supreme Court to be unconstitutional. Same-sex marriage is now legal in all U.S. states. In 2020, the Supreme Court ruled that employers cannot fire employees based on their sexual orientation or gender identity under Title VII of the Civil Rights Act of 1964.

State of Iowa

Marriage/Civil Unions – Since 2009, Iowa law permits marriage licenses to be granted to same-sex couples, and was among the first states in the U.S. to do so before the 2013 Supreme Court decision.

Discrimination – In May 2007, Iowa Governor Chet Culver signed a bill prohibiting discrimination based on sexual orientation and gender identity in employment, housing, education, public accommodations, and credit practices. Iowa is also a state that provides protection to LGBT* students from bullying and harassment based on sexual orientation/gender identity. This means it is against the law to fire someone, deny renting an apartment, or providing a bank loan, etc. to someone based on sexual orientation/gender identity.

Adoption – Iowa permits unmarried adults to adopt children; there are no restrictions that prevent LGBT* individuals or families from adopting.

Local Laws and University of Iowa Policies

Iowa City Laws – Iowa City included sexual orientation and gender identity as protected classes in its own civil rights code before the State of Iowa did so. Iowa City also provides same-sex partner benefits to municipal employees

The University of Iowa - The University of Iowa prohibits discrimination based on sexual orientation/gender identity. It too offers benefits to same-sex partners. Iowa was the first school in the Big 10 conference to offer health insurance coverage to same-sex partners back in 1992. All schools in the Big 10 conference now offer benefits to same-sex couples.

Immigration and Dependent Status

Same-sex marriage is legal in many countries in the world. Others recognize marriages performed in other countries. In some countries LGBT* persons and lifestyles are outlawed and imprisonment or even death may be part of the “punishment.”

With the Defense of Marriage Act being declared unconstitutional in 2013, the U.S. federal government will now issue dependent visas for same-sex spouses who are legally married in a country that recognizes same-sex marriage. Spouses are also able to obtain a green card. This means same-sex spouses of F-1 or J-1 students/scholars may obtain F-2/J-2 dependent visas.

Is Iowa City a Safe Place for Me?

Attitudes vary considerably across the United States, within individual states, even within individual cities and towns. Certain areas of the U.S. are much more conservative, and in some cases more repressive and even dangerous, than others. Iowa City is not immune to such problems. But overall in Iowa City this is rare, and Iowa City is generally judged to be a fairly safe place to be “out.” Iowa City has always been known as a fairly “liberal” university town. Yet Iowa is changing, as are other places, particularly in the urban areas such as Cedar Rapids or Des Moines. Recent polls of Iowans show majorities support same-sex marriage.

A Word of Caution

We also recognize the fact that while Iowa City may be “safe” for most Americans, international students may have different reasons to be concerned or hesitate to be “out.” This is true particularly when there is risk that family, friends, or the government at home could "find out" and negative repercussions occur. Whether or not any individual wishes to have their identity publicly known is entirely the decision of that individual.

If you are concerned about others from home knowing, be particularly cautious with social media and online news articles. There have been cases where students have granted interviews including information about their identity, and the articles were viewed online at home. In other cases students were told it was "just for a class paper" and then the article ended up being published publicly, and ready by people at home. Or information shared on social media has been shared with family/friends at home to "out" someone. Advisors with International Student & Scholar Services are always available to discuss any concerns students may have; you may also wish to contact some of the local organizations listed below to seek input from group members.

Campus, Community, and Internet Resources

An excellent resource for campus and community programs and support services can be found on the Division of Access Opportunity & Diversity website and includes information on:

Other useful campus and community resources include:

(for students) UI Pride Alliance Center (or Pride House)
(for staff/faculty including J-1 scholars) UI Lesbian Gay Bisexual Transgender Queer Staff and Faculty Association (or now known as the LGBTQ+ Council)
Trans@Iowa resources for trans students and allies
University Housing and Dining Gender Inclusive housing options
University Counseling Service
Women’s Resource and Action Center
OneIowa
Immigration Equality
Lambda Legal
NAFSA Rainbow Special Interest Group (for international educators with information specifically regarding international students)

What If You Experience Bias or Discrimination?

If you are a University of Iowa student, reach out to Student Care and Assistance, who can provide support to you and also assess the situation to see if any campus rules may have been violated and what your options are.

Violence or threats of violence should also be reported to police by calling 911. If you are on campus, you can also contact the UI Department of Public Safety by calling 319-335-5022 or the Threat Assessment Team by calling 319-384-2955.

If you are a University of Iowa J-1 scholar, you may contact the office of Office of Civil Rights Compliance.

Inviting Parents, Friends, and Other Non-Dependent Relatives to the U.S. (Students)

What kind of visa should my relatives obtain?

Most visitors should apply for a B-2 visitor visa at the U.S. Embassy/Consulate in order to enter the U.S. as a tourist. Review the Department of State site for more information on this type of visa.

However, some individuals may be eligible to enter the U.S. on the Visa Waiver Program (see below) instead.

Parents and siblings of people in F-1 or J-1 status are not eligible for F-2 or J-2 status. Forms I-20 and DS-2019 are not issued to invite parents, parents-in-law, or siblings. If you wish, you may send your relatives a copy of your I-20 or DS-2019 form, but they should not submit it to the consular officer unless asked for it. Do not send your original I-20 or DS-2019 to your parents, other non-dependent relatives, or friends. You should keep the form yourself. If you wish to invite your spouse or children, please review section Inviting Your Spouse and/or Children to the U.S.

What documents do my relatives need to obtain a B-2 visa? ISSS recommends that your relatives take the following documents with them to the U.S. consulate:

How long can people in B-2 status stay in the United States?

The length of a visitor’s initial permission to stay in B-2 status is determined by the officer at the port of entry. The maximum initial period is six months. People who want to remain longer need to apply for an extension. There is no specified limit on the number of extensions allowed. Be aware that the USCIS requires at least four months to process an application for extension in B-2 status. That does not mean your visitors need to apply for an extension four months in advance. Their obligation is to make sure the USCIS receives the extension application before their current stay expires.

What is the Visa Waiver Program (VWP)?

The Visa Waiver Program allows visitors from certain countries to visit the U.S. for pleasure or business up to 90 days without a visa. For a complete list of participating countries, please visit the Department of State site. Visitors must meet certain requirements to participate in the program. Eligible visitors do not need to visit a U.S. consulate and apply for a visa prior to visiting the U.S. Visa waiver travelers will instead be required to register their travel plans in the Electronic System for Travel Authorization (ESTA) a minimum of 72 hours prior to departure.

Individuals who enter the U.S. on the Visa Waiver Program are not eligible to change status; nor may visitors apply for an extension of their stay beyond 90 days. Individuals who previously experienced visa denials or who believe they might be ineligible for a visa should contact their local U.S. embassy or consulate prior to traveling on the Visa Waiver Program.

Health Insurance Reminder

Be sure your visitors have health insurance that will cover them while in the United States. Most guests will require “major medical coverage,” which is health insurance that goes into effect if they are unexpectedly hospitalized as a result of an accident or an illness. Most local healthcare providers in the Iowa City area do not accept foreign health insurance plans. Without coverage, your guests could experience financial devastation if hospitalization becomes necessary.

Can B-2 or WT visitors enroll in a degree program?

All visitors in B-2 or WT status who entered the U.S. are restricted from enrolling in a degree program. Such enrollment will constitute a violation of status and could result in serious consequences. It is also extremely difficult for visitors in B status to change to F-1 status while in the U.S. If you have a relative who is considering the possibility of applying for a degree program in the U.S., please contact an ISSS adviser for information on the best course of action to be taken, preferably before they come to the U.S.

Can B-2 or WT visitors work while in the U.S.?

No, visitors in B-2 status or WT (Waived Tourist) status may not work in the U.S. during their visit.

Biometric Data and the US-VISIT Program

In 2004, visa officers at U.S. consulates and immigration officers at U.S. Ports of Entry began gathering "biometric" data. This data is collected when persons apply for both non-immigrant and immigrant visas and upon entering and exiting the U.S. Biometric data, in this case, simply refers to the photographs along with digital "inkless" fingerprints. This information is kept electronically by the U.S. government, and is included in the SEVIS tracking system. The intent of the U.S. government is to have an electronic tracking system of non-citizen's entries and exits to and from the U.S.

One thing ISSS wishes to point out to students and scholars and their visitors is that precise entry and exit information will be kept electronically. This means that anyone who "overstays" his or her visit to the U.S. will have that information immediately available to immigration officers. If you have visitors come in B-1 or B-2 status, or who may come on the Visa Waiver program, remember that they are allowed to be in the U.S. only until a specific date (usually 6 months, but sometimes less), which is stamped in the passport upon entering the U.S. If the B visitor does not leave the U.S. by that date, they will be considered to have "overstayed" the visit to the U.S. (unless steps were taken to extend their visit before that date). Consequences of overstaying a visit to the U.S. may vary from a "review with immigration officials to removal from the United States or even a bar from future entry, depending on the individual circumstances."

Extension for B Visitors

Application Instructions

All applications must be filed with all of the following documentation.

Form I-539 (see sample form for instructions on how to fill it out)
Supplement to Form I-539 – This must be completed whenever more than one person, such as a spouse or child under age 21, are to be co-applicants in the extension request. If your application is only for yourself, this form is not necessary.
Application Fee - $370, make payable to “Department of Homeland Security”
I-94 card – Print out a copy of your electronic I-94 number or if you have a paper I-94, enclose a photocopy of the front and back the I-94.
Passport – Enclose a photocopy of the personal data pages of your passport, including the one(s) showing the expiration date.
U.S. Visa – Enclose a photocopy of your passport page containing your U.S. visa and any other pages with U.S. immigration stamps or endorsements.
Evidence of Financial Support – This may include evidence of your own finances to be used during your stay in the U.S., or evidence of a family member’s or friend’s finances if they will be providing financial support during your stay. Photocopies of bank statements are usually acceptable as evidence.
A written statement – Your statement must address all of the following: (1) Why you are making the extension request (2) What evidence you have that your stay will be temporary, including any information or documentation about arrangements you have made for departing the U.S. (for example, photocopies of return airline tickets) amd (3) If relevant, what effect your stay will have on your foreign employment or residency

Optional – If you want to receive an email or text that the USCIS has received your application, include Form G-1145. Be sure to attach this form to the first page of your application packet.

A note to students/scholars about mailing addresses: Since the response coming back from the USCIS will be addressed to your parents (or whoever you are staying with), there may be some confusion when the postal delivery person does not find their names on your mailbox. For this reason the persons applying for an extension should list “c/o FRIEND/FAMILY MEMBER’S NAME” along with your address in their application material. Otherwise the mail could be considered undeliverable and returned to USCIS.

Where do I send my application?

US Citizenship and Immigration Services
P.O. Box 660166
Dallas, TX 75266

When to File

You must submit your application BEFORE your current F-1 status expires; if at all possible, submit it at least 45 days before the expiration of your current status. If you are out of status for any reason, or have reason to think you might be, please make an appointment to see an ISSS advisor before submitting your application to the USCIS. You may need a referral to an immigration lawyer.

Processing Information

If USCIS accepts your application, you should receive a Form I-797 Notice of Action within two to four weeks. The Notice of Action is very important because it proves that you filed your application and because it shows a number you may use to track your application’s progress. If you do not receive a Notice of Action within five weeks, please notify ISSS.

If your application is incomplete, it will be sent back to you and you will be given the opportunity to furnish whatever is missing.

Your Notice of Action will give an estimated processing time for your application. Please see the next section on “Important Information” on what to do if the extension request is not authorized before your current stay expires.

Important Information

You should keep the Notice of Action. The notice of action contains important information you might need later.

You should understand that the USCIS sometimes requires six months or more to process applications for extension of stay in B-1 or B-2 status. To be sure you have no problems related to your B-2 status or to obtaining a U.S. visa later, you will want to remember the following:

It is possible for this to happen: You apply for a six-month extension. Five months later, you still have no decision on your application. You want to be sure your status is legal and you want to remain in the United States beyond the six months that you initially applied for. What to do if this happens: Apply for another extension, even though the earlier application is still pending. Follow the same procedure as you did the first time, except that you should include a photocopy of the Notice of Action from the earlier application and you also include a note saying that your earlier application is still pending.
It is possible for this to happen: You apply for a six-month extension. After your current permission to stay in the United States has expired, but before the USCIS has acted on your application, you decide to leave the United States. What to do if this happens: Take your Notice of Action with you and be prepared to show it to the consular officer if in the future you apply for another U.S. visa. The reason for this: The consular officer may want to be sure that you applied for the extension before your previous stay had expired and had therefore been in the United States legally.