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Foreign students in the United States with F-1 student visas cannot get F-2 visas for their fiancés. The F-2 visa is reserved for dependents of an F-1 student -- that is, their spouse and minor (under 21), unmarried children. An F-1 student’s fiancé does not qualify for an F-2 visa because a fiancé is not considered a dependent. The intent to form a legal spousal relationship in the future is not enough to qualify.
An F-1 student’s fiancé may have the option to visit the F-1 student in the United States as a temporary visitor. Depending on what country the fiancé is from, he or she can do this by either applying for a B-2 visitor visa, or by coming under the Visa Waiver Program (VWP). If a fiancé wishes to do this, there are limitations that must be considered.
(For background information on the B-2 visitor visa, see "B Visas for Tourism, Business, or Medical Treatment." For information on the VWP, see "Visa Waiver Program.")
A fiancé who visits the United States with a B-2 visitor visa is limited to a maximum stay of six months. Fiancés should be aware that the immigration officer at the U.S. airport or other port of entry has the ultimate discretion in determining how long the is allowed to stay in the country for. There is no guarantee that the fiancé will be granted the entire six-month period of stay, and there is no way to request more than six months if the F-1 student’s program extends beyond that.
The fiancé may, however, have the option to extend his or her stay once in the United States, by filing an application with U.S. Citizenship and Immigration Services (USCIS). For details on how to do this, see "Extending Your Stay on a Nonimmigrant Visa."
A fiancé may also have the option to enter the United States under the VWP. The VWP allows nationals of 36 countries to travel to the United States as visitors for stays of 90 days or less without obtaining a visa in advance. Unlike the B-2 visa, a fiancé visiting under the VWP does not have the option to apply for an extension once in the United States.
All visitors to the United States are required to demonstrate that their visit is temporary and that they have the intent to return to their home country when the time comes. Fiancés of F-1 students will have to prepare strong documentation that proves that they have a residence in the home country, and that they will return home at the end of the visit despite the fact that they have a fiancé in the United States. This might be difficult when the F-1 student has more than six months left in the academic program.
If the fiancé of an F-1 student has difficulty coming to the United States as a visitor, and he or she has no other basis to qualify for a different visa category, the fiancé will have to wait until the couple is legally married. At this point, the fiancé can claim dependent status as a spouse and qualify for the F-2 visa. Entering the United States in F-2 status will alleviate the time limitations imposed on visitors because an F-2 dependent is authorized to remain in the United States for the same period of time as the F-1 student.
For details on the application process and more, see "F-2 Visa for F-2 Students' Family Members."
by: Cynthia Yializis