If you have a family member whom you would like to bring along with you to the US, you need to apply for a right visa.
The US has been the best choice for people worldwide to travel for work/educational purposes. The US Dependent Visa allows spouses and kids of such people to join their family member who is living in the US as a permanent resident or on a work or student visa.
The process of applying for this visa can be complicated. But, we at Kansas ensure that it's a smooth journey for you.
The US Dependent Visa allows you to travel and stay with a family member who is living, working, or studying in the US. The validity of the dependent visas vary upon the validity of the primary visa.
Based on the type of primary visa, the dependent visas are of the following major types:
This permit is issued to the spouse/children of individuals working in the USA under the H1-B category.
This is issued for the spouse/children of people studying in the country on an F1 permit.
Dependents of people on company transfer in the US under the L1 category are issued with this type of permit.
Issued to the spouse/children of individuals on exchange programs under the J1 category.
The type of US Dependent Visa depends on the nature of the visa that the sponsor holds in the US.
The US Dependent Visa is granted to family members of those nonimmigrant visa holders in the US who are either working or studying.
These nonimmigrants can have different types of visas, depending on their purpose of stay in the US.
The following are the types of US Dependent Visas:
If spouses wants to work, then they will have to apply for a work permit:
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The Dependent family members of any individual who is residing or working or studying in the US can apply for a Dependent Visa.
They can be:
The family members who wish to apply for the US Dependent Visa must follow specific conditions laid down by the USCIS (United States Citizenship and Immigration Services).
Here are some basic conditions for spouses and children to be eligible to apply for a Dependent Visa:
According to the US immigration law, a ‘spouse’ is a legally wedded husband/wife, be it same-sex or opposite. According to the US immigration law, a customary and common law marriage can be considered as a lawful marriage as per their standards, only if it is recognized as a legal marriage in the country it occurred.
A Supreme Court in the US has passed a decision that makes same-sex spouses eligible for US immigration benefits. But, certain federal agencies in the US are undecided on the guidelines for their employees on this issue. This may cause some difficulty with the Customs and Border Protection. Please check with the Embassy or Consulate before making such plans
According to the US immigration laws, an applicant is eligible for a dependent child status if he or she is
Note: A stepchild, if that child's biological parent and his/her partner got married before the child turned 18.
The following documents are required for a Dependent Visa application for the US:
Depending on your location, there are 2 ways in which you can apply for a US Dependent Visa. Let us look at the general process that an H4 Dependent Visa applicant has to follow for both cases.
If you are applying from any country outside the US then you need to follow the following procedure:
Some essential documents necessary for a US Dependent Visa application are:
Every country across the world has this mandatory step of photo identification.
Here are some general guidelines for photographs required in a Dependent Visa application:
Follow these guidelines while filling the Form DS-160:
Remember that different types of forms are needed to be filled up depending on the nature of your relationship and the purpose of applying for the US Dependent Visa.
These forms must be attached to the main Dependent Visa application.
Once you have performed steps 1, 2 & 3 above, you can proceed towards paying fees for your Dependent Visa application.
You must pay the application fees before making an appointment at the Embassy or Consulate.
Keep the receipt of the application safely for your record. You will need it during your interview at the Embassy or Consulate.
Contact the Embassy or Consulate if there are any complications in your visa application process.
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You must visit your nearest Embassy or Consulate along with all the necessary documents.
You must state the type of visa that you are applying for. In this case, the H-4 Dependent Visa.
Click here to find a consulate or embassy near you.
Once you have applied, you will receive a notification from the Immigration Services, Embassy, or Consulate.
You might be additionally asked to submit your biometrics (fingerprints and photographs).
You might be contacted by immigration authorities to provide additional information or to attend an interview.
The immigration services might take 2 to 8 weeks to decide on your application.
If you are applying from any country outside the US then you need to follow the following procedure:-
If you are applying from within the US then you don't need a visa because a visa is a document that allows you to travel to another country. In this case, it is just a change of status.
So, in this case, you are only switching your current status.
Click here to download the Form I-539. And follow these guidelines while completing the Form I-539:-
All family members can be included in one application.
You must always keep all the necessary documents handy, as they are the only proof of whatever information you are presenting in your application.
For an H-4 Dependent Visa application, you must attach the following documents along with your main application:
Any of the following documents:
Copy of the Form I-797 Approval Notice of H Visa holder in the US.
The dependent can submit their application at the same time when the H visa holder in the US submits his or her Form I-129, or at a later time.
You must include the filing fee at this stage.
The filing fee for Form I-539 is $370.
Follow these guidelines while preparing your cheques and money orders:
You might be contacted by Immigration Services to seek additional information or to attend an interview.
You might be additionally asked to submit your biometrics (fingerprints and photographs).
If your visa is granted, then you and your family members can travel outside the country.
All dependents with an H-4 Dependent Visa must visit a US Consulate in such a situation.
If they fail to do so, then they won't be allowed to enter back into the US.
Here's the procedure to apply for a work permit as a dependent in the US:
Form I-765 is the application that gives employment authorization.
Click here to download the form and read detailed instructions.
You can apply for employment with I-765 when you file Form I-539.
Do not forget to sign the document online. Your application will not be processed otherwise.
The dependent spouse must submit the following documents along with this application:
Save a copy of the entire application for your record.
You must include the filing fee at this stage.
The filing fee for Form I-765 is $410.
Follow these guidelines while preparing your cheques and money orders:
If you're doubtful about making online bank transactions, talk to one of our experts for better guidance on the entire procedure.
You might be contacted by the USCIS to seek additional information or to attend an interview.
You might be additionally asked to submit your biometrics (fingerprints and photographs).
You might be requested to present original documents by the USCIS.
The USCIS has 90 days to decide on your application.
If the USCIS approves your employment, they will mail you the Employment Authorization Document (EAD).
If your employment is not approved, then you will receive a mail stating the reasons for refusal.
The US Spouse visa costs anywhere between $1200 to $5000, depending on the number of services that you take. (Costs may vary depending on the visa type).
The Dependent Visa for the US takes anywhere between 7 days to 90 days for the approval (or rejection) by the USCIS. A Dependent Visa application can be turned down by the USCIS if it is not filled correctly. Talk to one of our experts at Kansas, who will ensure that the Dependent Visa application is successful.
The US immigration services do not give work authorization for a dependent spouse in most cases. But, a recent change in the law has allowed around 50,000 spouses to be eligible for employment.
Please note that each visa category has different rules, terms & conditions for the Dependent Visa application. In certain cases, the sponsor who resides in the US needs to declare his/her financial status. This is to prove whether they can look after the Dependent family member without needing any financial support, like state benefits or other such funds.
The Global Talent visa application process itself (i.e. once you have endorsement) takes around three weeks, however by using the super-priority service, you can secure a decision by the end of the next working day (or two working days if your biometric appointment is held at the weekend).
Kansas Overseas Careers Pvt Ltd is NOT a RECRUITMENT / PLACEMENT AGENCY, we neither assist in any kind of Job / employment offers nor do guarantee any kind of domestic/International placements.