Step-by-Step Guide to Obtaining a Dependent Visa in the USA

Do you have an H-1B visa? If you are in the USA with a legal work status, you can apply for a dependent visa for your spouse or children to join you and stay in the country for the duration of your visa. The dependent visa, also known as H-4, can be obtained anytime after your H-1B approval. In this article, we will explain how to apply for a dependent visa from outside the USA, as well as how to extend it while in the country.

Obtaining a Dependent Visa from Outside the USA

Step 1. Check Your Eligibility.

Step 1

Make sure you meet the requirements for applying. To obtain an H-4 visa for your dependents, your H-1B visa application must be approved by the U.S. Citizenship and Immigration Services (USCIS). You do not need to have the visa in hand, but your approval is essential.

  • If you have not yet applied for the H-1B, do so at the U.S. consulate in your country. The consulate will process your request.
  • In most cases, it would be wise for you and your spouse to apply for the H-1B visa simultaneously.
  • Once you submit your H-1B application, you can start the process for the H-4 visa.

Step 2. Prepare All Necessary Documents.

Step 2

Gather documents for your H-4 visa application. Here’s what you will need:

  • A copy of your H-1B approval notice (Form I-797);
  • A marriage or birth certificate verifying the relationship to the H-1B visa holder;
  • A valid passport for your spouse or child, expiring no sooner than six months after the application date;
  • A recent passport-sized color photo;
  • Completed Nonimmigrant Visa Application Form (DS-160).

Step 3. Submit Your Application at the U.S. Consulate.

Step 3

Contact the U.S. consulate in your country with your documents. Make sure you have all required papers, as well as any additional documents if needed. Processing times can vary, so check with the consulate how long the approval process will take.

How to Extend or Change Nonimmigrant Status in the USA

Step 1. Fill Out Form I-539.

Step 1

Complete Form I-539. If you and your children or spouse are already in the USA on a student or work visa, you won’t need a dependent visa; you’ll need to extend or change your current nonimmigrant status so your family can stay legally in the USA. Submit a request to extend or change your status if you are legally in the country and have grounds to extend your stay.

  • You can request an extension of your visa or a change of status if you arrived in the USA on one visa but want to switch to another. For example, if you entered on a student visa and found a job in the USA.
  • Go to the USCIS website, find the "forms" section, and scroll down to I-539. All forms are listed in order. Click on the I-539 link to download the application or view answers to your questions about the application process.
  • You can also request the form by mail or phone by contacting USCIS.
  • Don’t forget that you will need to pay a filing fee, which is a minimum of $290.

Step 2. Submit the Form to USCIS.

Step 2

Send the completed form to the U.S. Citizenship and Immigration Services either electronically or by mail. You may be eligible to use electronic filing. There is also an option to mail the application to the application processing center.