"Are you married?" This is one of the first questions we ask when we speak with someone exploring their U.S. immigration options. You can bring your spouse and unmarried children (21 years or younger) to the U.S. with you on most U.S. visas, but the benefits for your spouse vary depending on the visa category.
U.S. visas with no benefits for spouses
There is no dependent visa for the B-1/B-2 visa, but a B-1/B-2 visa holder's spouse can apply for their own B visa to come to the U.S.
U.S. work visas that enable spouses to live in the U.S. and go to school
The O-1 visa for individuals of extraordinary ability and the TN visa for NAFTA professionals both have dependent visas. O-1 and TN dependents can live in the U.S. and go to school in the U.S. without applying for a student visa. The downside of the O-1 and TN dependent visas is that spouses cannot work in the U.S. unless they get their own work visa.
U.S. work visas that enable spouses to live, work, and go to school in the U.S.
Numerous U.S. work visas allow spouses to work and go to school in the U.S., including the H-1B, H-1B1, L-1, E-2, and E-3 visas. Getting a U.S. work visa can be challenging, so having a visa that allows both you AND your spouse to work is highly advantageous.
What is the process for getting a dependent visa for my spouse?
The process of getting a dependent visa for your spouse differs based on location.
Applying for a dependent visa outside the U.S.:
File your U.S. work visa (O-1, TN, H-1B, L-1, E-2, or E-3) petition with USCIS. Your petition may not initially contain any information about your spouse (or children). Don't worry; the process of getting your spouse's dependent visa starts after USCIS approves your visa petition.
Once your visa has been approved, you'll complete the DS-160 form online. In the DS-160, you'll include biographical information about your spouse (and children). Once you have completed the DS-160, you'll make an appointment at a nearby U.S. consulate or embassy. If you filled out the DS-160 with your spouse (and children), they should attend the appointment with you.
However, your family can fill out the DS-160 and attend a separate visa appointment if needed.
To prove that your spouse (and children) qualify for a dependent visa, you'll need to bring evidence to the visa appointment, such as:
- Appointment letter for the scheduled visa interview
- Valid passport
- Completed DS-160 Online Nonimmigrant Visa Application containing a CEAC Barcode
- A passport-style photo
- Original marriage certificate and additional documents proving their marriage to the primary applicant. Examples could include wedding photo albums, wedding invites, and wedding ceremony programs.
- A copy of the principal applicant's visa holder's visa petition
- An employment verification letter from the principal applicant's U.S. employer
- The principal applicant's passport
- The principal applicant's Form I-797 (approval notice)
- A photocopy of the principal applicant's income tax return and pay stubs
- Visa issuance fees
After the visa interview, you and your spouse can travel to the U.S.
Applying for a dependent visa inside the U.S.:
If your spouse is already in the U.S. on a different visa status (for example, B-1), they'll need to file Form I-539. Form I-539 can be filed either when you submit your visa petition or afterward.
Typically, when filing Form I-539, spouses will need to include the following documentation:
- Valid passport
- I-94
- Proof of valid status
- Original marriage certificate and additional documents proving their marriage to the primary applicant. Examples could include wedding photo albums, wedding invites, and wedding ceremony programs.
- A copy of the principal applicant's visa holder's visa petition
- An employment verification letter from the principal applicant's U.S. employer
- The principal applicant's passport
- The principal applicant's Form I-797, if applicable
- A photocopy of the principal applicant's income tax return and pay stubs
- Visa issuance fees
While Form I-539 is processing, your spouse can remain in the U.S. Upon approval of the I-539, your spouse's immigration status will officially change to the dependent visa.
More U.S. immigration resources for foreign nationals
