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Dependents


I-20
Only the spouse and unmarried minor children (under 21 years of age) of an F-1 student are eligible for F-2 status. An I-20 is issued for dependents who will initially accompany the F-1 student. All family members will have their own SEVIS ID number as noted above the bar code on the I-20.

F-1 students who have initially come alone but later want their dependents to join them will need to complete an F-2 Dependent I-20 Request Form (pdf), and submit it to the F-1 Advisor.

Change of Status
Dependents in F-2 status are eligible to change status to another non-immigrant visa as long as they and the F-1 student are in status. The form required for the change of status is the I-539 which can be found on the USCIS Web site.

Employment
Individuals in F-2 status may not accept employment or engage in business under any circumstances.

Studying as an F-2
The F-2 spouse of an F-1 student may not engage in full-time study. F-2 children may only engage in full time study if it is in an elementary or secondary school (kindergarten through twelfth grade). Part-time study is permitted only to the extent that it is avocational or recreational in nature.

Adult ESL classes that allow students to practice conversation and pronunciation are available to F-2 dependent spouses.  Participants will learn  vocabulary, phrases, and American slang. Join a class at anytime. These classes are available to the University of Kentucky community. Classes are Free.
Contact: Sandra Berger 859.323.2114, sberg2@uky.edu.

Travel Abroad & Re-entry
If F-2 dependents wish to travel outside the US for a temporary visit, they must be sure that their I-20 documents are endorsed for travel by F-1 Student Advisor John Honeycutt or F-1 Student Advisor Franny Henkel. Each endorsement is valid for one year.

Departure or Termination of Program
An F-2 dependent's status terminates in the US when that of the F-1 terminates. F-2 dependents report their departure from the US by surrendering Form I-94 at the time of departure

DEPENDENTS (J-2)

Certificate of Eligibility (DS-2019)
Only the spouse and unmarried minor children (under 21 years of age) are eligible for J-2 status. A DS-2019 is issued for dependents who will initially accompany the J-1 Exchange Visitor. Each family member will have his or her own SEVIS ID number as noted above the bar code on his or her DS-2019.

J-1 Exchange Visitors who have initially come alone but later want their dependents to join them will need to complete the J-2 Dependent DS-2019 Request Form (pdf), and submit it to their J-1 Advisor.

Change of Status
Dependents in J-2 status are eligible to change status to another non-immigrant visa as long as they are not subject to the Two-Year Home Country Residency Requirement. The form required for the change of status is the I-539 which can be found at www.uscis.gov in the "Forms" section.

Study in J-2 Status
There are no restrictions on study for J-2 dependents; however, they can maintain their status only as long as their spouse is in J-1 status.

Adult ESL classes that allow students to practice conversation and pronunciation are available to J-2 dependent spouses.  Participants will learn  vocabulary, phrases, and American slang. Join a class at anytime. These classes are available to the University of Kentucky community. Classes are Free.
Contact: Sandra Berger 859.323.2114, sberg2@uky.edu.

Travel Abroad & Re-Entry
If J-2 dependents wish to travel outside the US for a temporary visit, they must be sure that their J-1 advisor documents are endorsed for travel by their RO/ARO. Each endorsement is valid for one year.

Departure or Termination of Program
A J-2 dependent's status terminates in the US when that of the J-1 terminates. Each J-2 reports his or her departure from the US by surrendering Form I-94 at the time of departure.

Employment Instructions ­ J-2
J-2 dependents can apply for an Employment Authorization Document (EAD) from USCIS in order to be employed in the United States. The J-2 may begin employment only after receiving the EAD from USCIS. The I-765 application form can be found at www.uscis.gov in the "Forms" area.

CONDITIONS

  1. The J-1 Exchange Visitor must be in valid status.
  2. The income derived from the employment may not be used to support the J-1 spouse.
  3. Employment may begin only after receiving the Employment Authorization Document (EAD) from USCIS.  Employment cannot continue past the expiration date of the EAD, so it is advisable to file for an extension no later than 3 months before it expires.  The EAD with a new expiration date must be received before employment can continue.
  4. The EAD authorizes employment, with no restrictions regarding the employer or the salary.

HOW TO APPLY    

  1. Form I-765 found at  www.uscis.gov  - “Forms”
    Answer to #16 on I-765 is (C) (5).
  2. Request for permission to work should be submitted in the form of a letter from the J-2 dependent.  (Sample letter pg.2)
  3. I-94 cards of J-1 and J-2 (photocopy only – front and back).
  4. Copies of current SEVIS DS-2019 of J-1 and J-2
  5. Copy of previous Employment Authorization Document (EAD), if applicable.
  6. Filing fee as noted on the I-765 instructions, with payment to “Department of Homeland Security”
  7. Copy of the following passport pages:
    • Biographical page
    • J-2 visa
    • Include passport renewal page, if applicable
  8. Two photographs placed in a small envelope. 
  9. Lightly print in pencil name of J-2 and I-94 Departure number on the back of each photo.

Guidelines for photos (passport style): taken within past 6 months

  • plain white or off-white background – 2x2 inches in size
  • un-mounted color print on glossy, un-retouched paper
  • head positioned facing the camera; eyes open, looking at camera; eyeglasses worn if normally used
  • photo from slightly above top of hair to middle of chest – height of head should measure 1 to1 3/8 inches
  • bare head, unless wearing a headdress required by a religious order to which you belong

Suggested photographers:     
UK Student Center, Room 107 - 257-1278
Johnny Print - 561 S. Limestone - 254-6139
Walgreens stores

Mail completed application to address listed on the USCIS website.

EMPLOYMENT ELIGIBILITY VERIFICATION
When you begin work, your employer will ask you to complete Form 1-9, which requires you to document your work authorization.  Your EAD card is acceptable proof both of your identity and your permission to work..

If your J-2 status expires, so will your EAD.  If your J-1 spouse is approved for an extension of status, you will be issued an extended DS-2019.  This is required before you can apply for an extension of your EAD. When you have the new EAD, you will need to update Form 1-9 with your employer.  A pending application for extension of status or for a new EAD does not authorize you to continue working

SOCIAL SECURITY NUMBER
You cannot apply for a Social Security number until you receive your employment authorization.   Upon receiving your EAD, you can obtain a Social Security card by submitting the following documents to the Social Security Administration (SSA):

  • Passport
  • I-94 Departure card
  • DS-2019
  • EAD
  • SS-5 form (obtained online at www.ssa.gov or at the SSA office)

Social Security Administration, Suite 110, 2241 Buena Vista Rd., Lexington, Kentucky 40505

Monday-Friday from 9:00 am – 3:30 pm (closed on federal holidays)

TAXES
The earnings of J-2 dependents are subject to applicable federal, state, and local taxes, and Social Security, and employers are required by law to withhold those taxes from paychecks.  Every year by April 15, you must file an income tax return with the Internal Revenue Service (IRS) covering the prior calendar year.  The return determines whether you owe more taxes or will receive a refund.

SAMPLE LETTER FOR J-2 DEPENDENT - (Modify as needed)

Date:
From:  (Print name and write signature)
To:  (use address listed on USCIS website)
Re:  Submission of I-765

My spouse is (name), a J-1 Exchange Visitor in the Department of (name), University of Kentucky.  My spouse’s income per month is (amount).

Since joining my spouse, I have found that my living expenses are greater than originally anticipated.  My spouse’s salary is sufficient for his/her own support, but it does not allow me the opportunity to pursue many cultural and recreational activities in our community.  Therefore, I request your consideration of my application for work authorization.  The income derived from the desired employment will be used to support myself and not my J-1 spouse.