FAQ: Can I bring my children or spouse on a US Visa?

Bridging Hearts & Borders

Visa Pathways for Family Reunification

Bringing your children or spouse to the United States on a visa is an exciting and heartwarming prospect. The U.S. government recognizes the importance of family unity and provides options for family members to join you during your stay. If you're wondering whether you can bring your children or spouse to the U.S., this article will guide you through the basics.

Bringing Your Children

If you're already in the U.S. and hold a valid nonimmigrant visa, your unmarried children under 21 years old may be eligible to accompany you or follow you to the country. This process is usually done by applying for a derivative visa. The U.S. Department of State official website provides detailed information on the requirements and procedures for bringing your children to the U.S. under various visa categories and can be found here.

For temporary visitors, such as those on tourist or business visas, bringing your children might require additional steps. In most cases, your children will need to apply for a dependent visa, commonly known as the "F-2" visa for children of F-1 student visa holders or the "H-4" visa for children of H-1B temporary worker visa holders. It's important to remember that dependent children are generally not allowed to work in the U.S. while on these visas.

For permanent residents (green card holders) of the U.S., you can sponsor your unmarried children, regardless of their age, to immigrate to the country. Keep in mind that there might be waiting times due to visa quotas. The U.S. Citizenship and Immigration Services (USCIS) website here has up-to-date information on the application process, including the specific forms to fill out and the supporting documents required.

Bringing Your Spouse

If you're a U.S. citizen, you have the opportunity to bring your spouse to the U.S. The first step is to file a petition for your spouse through Form I-130, Petition for Alien Relative, with the USCIS. Once the petition is approved and the visa number becomes available, your spouse can apply for an immigrant visa or adjust their status to a permanent resident. Take our FREE short eligibility to know if you qualify for our Adjustment of Status Service here.

It's important to note that if you've been married for less than two years at the time your spouse enters the U.S. on an immigrant visa, they will be granted conditional permanent resident status. This means that within the 90-day period before the two-year anniversary of obtaining this status, you and your spouse must apply together to remove the conditions and obtain permanent resident status.

For non-U.S. citizens who hold a valid nonimmigrant visa, such as an employment-based visa, you might be able to bring your spouse to the U.S. on a dependent visa. The specific eligibility criteria and application process can vary depending on the visa category you hold. For example, if you're on an H-1B visa, your spouse can apply for an H-4 dependent visa.

Resources and Additional Information

It's important to stay updated with the latest information from official government sources. The U.S. Department of State's website (travel.state.gov) provides comprehensive information about family-sponsored immigration, visa application procedures, and forms. The USCIS website (uscis.gov) offers a wealth of resources, including forms, guides, and updates on immigration processes.

Conclusion

In conclusion, bringing your children or spouse to the U.S. on a visa involves navigating through specific visa categories, eligibility criteria, and application procedures. Consulting the official government websites and seeking advice from immigration professionals will provide you with accurate guidance and ensure a smoother reunification with your loved ones on U.S. soil. Whether you're a temporary visitor or a permanent resident, the U.S. immigration system strives to facilitate family unity while adhering to its regulations and processes.

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