Kissimmee, FL asked in Tax Law for Florida

Q: I need to know if my spouse can establish an LLC and secure an F2 visa so that we can remain together.

I am seeking to resume my studies, which were put on hold due to the pandemic and would like to obtain an F1 visa to do so. I am wondering if it is feasible for my spouse to establish an LLC and secure an F2 visa, as we are a family of five and wish to remain together while I pursue my educational goals. Your insight on this issue would be greatly appreciated. Thank you.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: Establishing an LLC by your spouse will not directly impact the ability to secure an F2 visa. An F2 visa is specifically for dependents of F1 visa holders and does not allow for employment or significant income-generating activities like running a business. Your spouse can still establish an LLC, but it would be independent of their status as an F2 visa holder.

For your spouse to accompany you and your family while you study on an F1 visa, they would indeed need to apply for an F2 visa. This visa permits them to stay in the U.S. but restricts them from engaging in full-time employment; however, they can engage in part-time study.

It's also essential to plan for the financial requirements and living arrangements for a family of five. The primary consideration is ensuring that you can demonstrate sufficient funds to support yourself and your dependents during your studies. This will be crucial when applying for your F1 visa and for any F2 visas for your family members. It might be beneficial to discuss your situation with an immigration attorney to explore all possible options and ensure compliance with all legal requirements.

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