Dependent Visa USA - Definitive Guide

A Dependent Visa USA allows the spouse or children of certain US visa holders to accompany them to the country. Depending on the type of visa the individual possesses, the partner and the children can apply for a corresponding dependent permit. The validity of these visas varies upon the validity of the primary visa. If the sponsoring individual has a permit for say 2 years,  their dependents will have a visa valid for up to 2 years. Based on the type of primary visa, the dependent visas are of the following major types - 

1. H4 Dependent Visa - This permit is issued to the spouse/children of individuals working in the USA under the H1-B category. 
2. F2 Dependent Visa - This is issued for the spouse/children of people studying in the country on an F1 permit.
3. L2 Dependent Visa - Dependents of people on company transfer in the US under the L1 category are issued with this type of permit.
4. J2 Dependent Visa - Issued to the spouse/children of individuals on exchange programs under the J1 category.

Note:- Throughout this guide, the term ‘sponsor’ refers to the individual upon whom the dependent depends on. 

The F2, L2, J2, and H4 visa application, are all applied in a similar way. Before making the application, ensure that one is eligible for the particular type based on the permit of the guardian. The process can then be continued by following the below procedure - 

• Collect all the documents required for the application. Each type of Dependent Visa USA has its own set of additional documents.
• Create an account on the US CEAC ( Consular Electronic Application Center).
• Fill in the NIV DS-160 form correctly. Please make a note of the barcode number on the form.
• Proceed to pay the fees online. Keep the receipt number safe.
• The next step involves making two appointments. The first one is for the biometric submission at a VAC. The second one is for the visa interview at the US Embassy or Consulate.
• For the first appointment, visit the VAC with the passport, appointment confirmation page, and DS-160 confirmation page. The biometric details of the applicant will be taken here, and the form will be stamped for approval.
• Visit the embassy or consulate with the passport, stamped DS-160 page, and the appointment confirmation page for the visa interview. The L2, F2, J2, H4 visa interview questions will be based on the purpose, intent, duration, as well as questions to determine the legitimacy of their marriage with the spouse. The applicant will have to prove to the consular officer that they are genuinely married and that they plan on staying in the US only for a temporary visa period.

It is recommended that the dependents apply for the visa at the same time as their sponsor applies. This will make it faster and easier for visa approval. It is necessary that all the forms including the H4 visa application forms are filled accurately, and submit the original documents. Any faults in the application may cause it being delayed, and fake or invalid documents will lead to a visa denial. A rejected visa can make one ineligible for future visa applications. 

Please note that individuals below the age of 14 and over the age of 80 do not have to attend a visa interview or a biometric. Also, if a person has had their dependent visa expire in the past 12 months and are applying for the same category, they are also exempt from the interview. However, in certain cases, you may be required to attend an interview or submit biometrics.

The individuals who can apply for US Dependent Visa have to fulfil the following criteria - 

• They should be a legally married spouse of a valid H, F1, L1, J1 visa holder, or
• They must be an unmarried child under the age of 21, of the same visa holder.
• One must possess a valid passport for at least 6 months from the date of travel.
• In certain categories such as F2, they must also be able to show sufficient financial funds.

The documents required for the application varies from type to type. Apart from the general documents, each type has additional requirements. The common documents for US dependent visa are as follows - 

• A passport valid for at least 6 months from the date of travel
• 2 Valid photographs
• Photocopies of your passport pages
• The DS-160 confirmation page
• Interview confirmation letter
• Fees payment receipts
• Original marriage certificate, if you are the spouse, along with - 

• Genuine marriage proof such as:

• Wedding album
• Wedding guest list
• Receipts from the wedding
• Receipts of any honeymoon trips
• If married at a registrar office, wedding affidavit, and pictures of you and your spouse with the wedding witnesses.
• Original birth certificate, if you are a child of the sponsor

Apart from these, the specific documents required for each category are as below - 

• H4 Dependent Visa documents -
  1. Photocopy of the sponsor’s H1-B type visa
  2. Photocopy of sponsor’s I-129, I-797, and Labor Certification Application (LCA) forms
  3. Copy of the sponsor’s letter of employment
  4. If they are already working in the US, pay stubs and tax filing information
  5. Copy of the sponsor’s passport
• F2 Dependent Visa - 
  1. Your original I-20 form,
  2. Copy of the F1 Visa holder’s I-20 form
  3. Copy of F1 Visa
  4. If applying separately, copy of sponsor’s passport
  5. Proof of funds - Bank statements, tax records, passbook, payslips, etc
• L2 Dependent Visa - 
  1. Photocopies of L1 Visa holder’s I-129, I-797 forms
  2. Copy of the sponsor's passport, and visa
  3. Letter from the employer of the sponsor, explaining the job description
  4. Letter from the previous employer of the L1 holder
  5. If applying separately, L1 holder’s payslips in the US.
• J2 Dependent Visa - 
  1. Completed DS-2019 form
  2. Copy of the sponsor’s DS-2019 form
  3. If the J1 holder is an intern or trainee, a copy of their DS-7002 form
  4. Proof of funds to cover expenses
  5. Health insurance, if required

• Dimensions:  50mm X 50mm
• Colour: Coloured
• Recently taken in the past 3 months
• Background: plain white with a matte finish
• Must have 70% face coverage
• Facial expression: neutral
• Eyes directed towards the camera and wide open 
• Glasses: allowed for medical reasons only
• Uniforms are not permitted
• Headgears: allowed only for religious reasons
• Facial hair is permitted.

The general time of processing visa is in the range of 15-30 working days. Depending on several factors such as the workload at the embassy or consulate, express delivery, the type of Dependent visa USA, and so on, it can get much longer. It also depends on when the sponsor applies for their visa. If both of you apply for it together, your visas will be processed at the same time. The task of scheduling an interview can take much more and have high waiting time. As a result, it is highly advisable to apply well in advance. 

The fees for the visa depends on several factors such as the category, as well as other charges like the biometric charges, reciprocity fees, visa issuance fees, etc if applicable.

Once the application has been submitted, your visa will be issued for validity as per the consular officer depending upon the interview, and the validity of your sponsor’s visa. The duration, however, can vary depending upon the decision of the Customs Border Patrol officers at the port of entry. 

You can track your US Dependent Visa status by visiting the US embassy website and checking it online. Alternately, you can email to passportstatus@ustraveldocs.com with your passport number.

When you receive the visa, you are required to keep the following points in mind - 

• Carry all the travel documents, along with the visa.
• Ensure that you do not overextend the stay beyond the visa duration and validity.
• If you are on an H4 dependent visa, you cannot work unless you are issued with an EAD ( Employment Authorization Document). This is applicable only if your spouse is on H1-B visa. If your spouse possesses other types of permit, you will not be allowed to work. You can, however, apply for a driving license, enrol in short term courses, and open a bank account.
• If you are on an L2 Dependent Visa, you are eligible to work after you obtain your EAD, apply for driving license, open a bank account, get a social security number, as well as enrol in higher education courses. 
• If you are on an F2 Dependent Visa, you are not permitted to work or take part in any credit or degree-bearing courses. You are allowed to take part in voluntary and unpaid work if required. You can also take part in recreational, hobby, and other non-degree-bearing courses. For children, they are allowed to be enrolled in school up until middle school. They are not allowed to do higher education while on an F2.
• If you are on a J2 Dependent Visa, you are allowed to work once you get your EAD. you are also permitted to get a driving license and open a bank account. You can also apply for a social security number after you obtain the EAD.
• Keep in mind that your Dependent Visa USA validity is up till the visa of your sponsor expires. 
• Follow US laws and customs while you are in the country.