Are you an H-1B visa holder in the United States? If you are a worker with legal nonimmigrant status, you can apply for a dependent visa for children and spouses so they can join you while your visa is still valid. A dependent visa, also known as an H-4 visa, can be applied for as long as your H-1B petition is approved. Keep reading this article to learn about the procedure for applying for a dependent visa from outside the United States and to apply to extend this visa from the United States.
Step
Method 1 of 2: Obtaining a Dependent Visa from Outside the United States
Step 1. Verify your own visa status
In order for you to apply for an H-4 visa for your spouse or child, your H-1B visa petition must be approved by the U. S. Citizenship and Immigration Services (USCIS). You don't have to have this visa already, but your application status must be active.
- If you have not applied for an H-1B visa, do so at the United States Consulate in Indonesia. This consulate will process your application.
- If you and your partner apply for an H-1B visa together and submit these applications at the same time, the process is often much quicker.
- Once your visa application has been submitted, you can proceed to the process of applying for an H4 visa.
Step 2. Prepare the required documents
To be able to apply for an H-4 visa, you will need the following documents:
- Copy of approved H-1B form (form I-797)
- Marriage certificate or birth certificate showing the relationship between the H-1B visa holder and the child or spouse.
- Passport of the child or spouse that is valid and valid for more than six months from the date of application.
- Photo according to passport photo format (in color, not black and white).
- Completed Nonimmigrant Visa Application (DS-160) Form.
Step 3. Submit this application to the United States consulate in Indonesia
Also provide the above documents and additional documents, if any are requested by the US consulate in Indonesia. The processing period for this H-4 visa varies, you should ask the consulate how long you have to wait until this application is approved.
Method 2 of 2: Filing an Application to Extend or Change Nonimmigrant Status in the United States
Step 1. Fill out form I-539
If you, your child and spouse are already in the United States on a student or work visa, you do not need a dependent visa. What you need is to extend or change your nonimmigrant status so that your entire family can legally be together in the United States. Apply to extend or change your status if you are already in the United States legally and have reason to extend your stay.
- Usually you will have to apply to extend or change your status if you came to the United States on one type of visa and have to change your status to a different type. For example, maybe you first came on a student visa and then found a job in the United States.
- If you have a computer with internet access, go to https://www.uscis.gov/portal/site/uscis, click "forms" and search for I-539. This list is made in numerical order. Click the left column in section I-539. From here, you can choose to download the app or get answers to any questions you may have regarding the process of filling out the form.
- You can also request that this form be mailed or by telephone by contacting USCIS.
- Get ready to pay the registration fee. The minimum fee is 290 US dollars.
Step 2. Provide this form to the USCIS office by internet or post
You may be able to use USCIS' electronic filling system. All applicants can send their application by post.
