Apply For a Dependent Visa

Are you are an H-1B visa holder in the United States? If you're a worker with legal nonimmigrant status, you can apply for dependent visas for your children and spouse so they can join you for as long as your visa is valid. A dependent visa, also called an H-4 visa, can be applied for any time after your H-1B petition is approved. Read on to learn the procedure for applying for a dependent visa from outside the US, and applying for an extension from inside the US.

Steps

Obtaining a Dependent Visa from Abroad

  1. Verify your own visa status. In order to be eligible to apply for an H-4 visa on behalf of your dependents, your petition for an H-1B visa must be approved by the U.S. Citizenship and Immigration Services (USCIS). You don't have to have the visa in hand yet, but your application must be active.[1]
    • If you haven't applied for an H-1B visa, do so at the US Consulate in your country of origin. The consulate will process the application.
    • If you and your spouse file for an H-1B visa together, submitting the applications simultaneously, often the process is more expedient.
    • Once your application is filed, you can proceed with the process for applying for an H4 visa.
  2. Have your documents ready. In order to apply for the H-4 visa, you will need the following documents:[2]
    • A copy of the H-1B approval form (form I-797)
    • A marriage certificate or birth certificate showing the relationship between the H-1B holder and child or spouse
    • The child or spouse's valid passport that won't expire for six months past the application date
    • A passport-style photograph (in color, not black and white)
    • A completed Nonimmigrant Visa Application Form (DS-160)
  3. File your application with the US consulate in your country of origin. Provide the above documents and any additional documents required by the specific consulate in your country of origin. The processing times for H-4 visa applications vary; ask the consulate how long you can expect to wait for the application to be approved.[2]

Applying to Extend or Change Nonimmigrant Status from the US

  1. Fill out form I-539.[2] If you and your children and spouse are already in the US on a student or work visa, you don't need a dependent visa; you need an extension or change in nonimmigrant status, so the whole family can stay together legally in the US.[3] Apply for an extension or change in status if you are already in the US legally and have reason to extend your stay.
    • You'd apply for an extension or change in status if you came to the US using one type of visa and need to change your status to a different one. For example, you may have originally held a student visa and found employment in the US.
    • If you have a computer with Internet access, go to http://www.uscis.gov/portal/site/uscis, click "forms" and scroll down to I-539. The list is arranged numerically. Click the left column in the I-539 section. From here, you can choose to download the application or get answers to questions about the filing process.
    • You can also order the form by mail or over the phone by contacting the USCIS.
    • Be prepared to pay the application fee. It will be a minimum of $370 U.S. dollars.
  2. Submit the form to the USCIS office electronically or by mail. You may be eligible to use the USCIS electronic filing system.[4] All applicants may mail the application to a filing location.[5]

Tips

  • If your spouse wishes to work in the United States, an H-4 visa will not make them eligible for employment. He or she may want to apply for a separate H-1B visa.

Related Articles

Sources and Citations

  1. ↑ http://www.uscis.gov/working-united-states/temporary-workers/temporary-nonimmigrant-workers
  2. ↑ 2.0 2.1 2.2 http://www.nolo.com/legal-encyclopedia/h-4-visas-family-h-1b-visa-holder.html
  3. ↑ http://www.uscis.gov/sites/default/files/files/form/i-539.pdf
  4. ↑ http://www.uscis.gov/uscis-elis
  5. ↑ http://www.uscis.gov/i-539-addresses
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