Married Overseas Graduate Couples: J-1 and J-2 visas
This page is maintained by EV students,
based upon their own knowledge and experience and the recommendations
of other students. All information should
be independently checked and corroborated. (The best way to start is
by following the links below.) These notes are not a statement of
official Stanford or Bechtel Center policy. Any mistakes and
irregularities herein are our fault, not theirs.
This page is designed to help and encourage potential (Stanford and
other) graduate families. However, it is only a supplementary guide to
the visa information provided by
Stanford's I-Center
and the United States
Immigration and
Naturalization Service. One I-Center page you should definitely
check out is the
International Graduate Students at Stanford: A Policy Guide for
Departments.
Types of Visa
J2 visas with a work permit can work anywhere!
Arriving in the USA
Applying for a Work Permit
Interim EAD (what to do if your work permit doesn't arrive)
Documents you should provide
Renewing your EAD
Independent Travel
Types of Visa
Overseas students at Stanford usually hold an F-1 (student) or a J-1
(exchange visitor) visa. A
comparison of these visas is given by the I-Center.
If you're married and one of you is lucky enough to have been offered
a place to study on a course funded by a US institution like
Stanford, then your spouse should be able to come to the USA as well
and be able to work here. For most people nowadays, this is
critical, and not just for financial reasons. Just because one of you
is clever enough to be doing a PhD it doesn't mean that the other
doesn't have their own professional development to consider.
If your spouse is funded by Stanford, they should be able to get a
J-1 visa. For this you'll need to get your all important form
IAP-66, which gives details of how Stanford will be funding you. The
spouse will be able to apply for a J-2 visa, technically as a
dependent. The J-2 form is quite distressing, since every box you tick
makes it sound like you've got no life or aspirations of your own. Try
not to let it bother you.
J2 visas with a work permit can work anywhere!
A number of confusions about J-2 visas are common - in particular people get confused with J-1 and other visas and think that J-2's can only work on campus. So remember ...
- A J-2 visa must apply for and receive a work permit (EAD) to be able to work
- Generally speaking, J-2's with EAD can work ANYWHERE!
There are normally NO restrictions where a J-2 may be allowed to work (other than whatever random policy may exist with a specific company or organization)... Some times however, you may find possible limitations for J-2's to work because of security reasons or because the specific employment is primarily reserved for permanent residents or U.S. Citizens. Regulations governing the J-2 permit are much different than regulations for J-1 students. J-2 visa holders can even work on-campus as long as they have a valid EAD (employment authorization document).
Arriving in the USA
You will of course need your IAP-66 with you to enter the country. It's not just for getting the visa in the first place - you need it for loads of things.
One of the first things the J-1 visa holder should do after arrival is
obtain a Social Security Number, either from the I-Center at
prearranged times or from the local offices in Sunnyvale or Redwood
City. The J-2 visa will not be able to obtain a Social Security Number before getting a work permit. The Social Security Office will, however, issue you with letters entitling you to open a bank account and apply for a California Drivers License.
Applying for a Work Permit
After you've entered the USA, the J-2 visa holder can
apply for an Employment Authorization Document, which most
of us would call a work permit. Consult the INS site for
full details and an application form.
Unless you are convinced that the J-2 visa holder is NOT going to
want to work at all during your time in the USA, you will probably
want to apply for a work permit as soon possible after you arrive.
Your application must demonstrate conclusively that the J-1 visa
holder has enough funds to support him or herself. The INS are adamant
that J-2 visa holders should not work in order to support their spouses.
Your IAP-66 is in theory enough to guarantee that a suitable
institution like Stanford is funding the J-1 visa holder. In practice,
you should supply as much additional proof of this as is possible.
You also send a $100 processing fee. Keep copies of everything - you
may need them if you apply for a temporary EAD later.
You should send the application by certified mail WITH RETURN RECEIPT,
to the California INS office at Laguna Niguel. The return receipt has
a date stamped on it which should be the same as the Receive date of
the notice that arrives later. The INS will send you a `Notice of
action' letter: keep it safe and take it with you / send a copy in all
future dealings with the INS. They are supposed to process your
request within 90 days, though it has recently been known to take
Laguna Niguel at least 120.
Interim EAD (what to do if your work permit doesn't arrive)
Once 90 days have elapsed since the date on yout Notice of
Action letter, you can apply in person for a temporary work permit
(called `Interim EAD'). (It used to be 90 days from the Receipt
date, but currently they have been counting the 90 days from the
Notice date.) This process is similar to that for
obtaining interim F-1 work authorization.
You will need to visit the
INS office in San Jose.
The office opens at 7am and people are lining
up well before that. To be safe you should arrive before 6.30,
otherwise you might not be seen that day. Be prepared to stand out in
the cold for a long time, especially in winter. Our first day we were
turned away because `the person qualified to adjudicate whether we had
sufficient funds to support the J-1' was not in that day. We went back
the following day, this time with an appointment, and thankfully
didn't have to wait in line for another 5 hours. If you are told to
come back, try as hard as you can to get an appointment. This way
you don't have to line up for hours all over again.
If the INS grant your request (and by now if everything is in order
there's no reason why they shouldn't) they will take photographs and
make your EAD card: you should not have to take green-card style photographs with you.
Once you obtain this work permit, you should apply for a Social Security
number as soon as possible.
Documents you should Provide
The INS and Social Security sometimes request to see more
documents than their official guidelines suggest.
In addition to your passport, visa, I-94 immigration card and IAP-66,
you would be well advised to have with you:
- A copy of your marriage certificate
- A personal letter from someone at Stanford which vouches for the
J-1 student's funding. We took a letter from the linguistics
Tutor for Graduates saying who Ela was and that Stanford gives
her such and such stipend per quarter. This smoothed things over
at the INS, being much easier to follow than the numbers on the IAP-66.
- If you have a job lined up (which you might well after 90 days),
you might get a letter from your future employer which makes it clear
that you'll be working for professional development rather than
to support your spouse.
- Every piece of communication you've received from the INS,
especially any `Notice of Receipt' letter if applying for
an interim EAD.
- Your check book. You probably won't be charged another $100, but
if Laguna Niguel have already decided to act
upon your initial request, then the local office have been known
to charge you the fee again because they figure that the INS
have kept their side of the deal and you're asking them for an
extra special service.
- Copies of all your documents which you can give to the INS.
It is a long and frustrating process, but it can all work out in the end.
Renewing your EAD
You should reply for a new EAD well before you need it - if your old
one is going to expire or if your partner's J-1 visa gets extended,
you will need a new work permit.
If a J-2 submits a request for an EAD extension, it should be received by the INS at least 3-4 months before the current permit expires since the INS is taking 90-120 days to process EAD extension.
Independent Travel
If you (the J-2 visa holder) want to travel independently outside the
USA, you should ask the Bechtel Center to issue you a separate IAP for
independent travel.
Technically your spouse's original IAP-66 (or a copy) is not
sufficient to guarantee you entry.
If you have any experiences we should add (especially news about other
documents you've been asked for so we can let other people know)
please email the webmaster.
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