How to Apply For a Dependent Visa

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Last Updated: June 1, 2021 Approved

An H-4 dependent visa allows the spouse and young children of non-immigrant workers to travel and stay in the U.S. Your spouse or parent will need an H1B visa, which is a nonimmigrant work visa for specialty workers. The process for applying will depend on whether you are currently outside the U.S. or inside.

Method 1

Method 1 of 3:

Applying for an H-4 Visa Outside the U.S.

1
Gather required documents. You'll need to present U.S. Citizenship and Immigration Services (USCIS) with certain documents. Collect the following ahead of time: ^{[1]
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- A copy of your spouse or parent's H-1B Approval Notice (Form I-797). You can't apply until the employer's I-129 petition has been approved by USCIS.
- A copy of the I-129 petition or the petition's receipt number. ^{[2]
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- Your marriage certificate or birth certificate, which shows your relationship to the person getting the H-1B visa.
- A copy of H-1B holder's passport.
- Your passport, which should be valid for at least six months past your application date.
2
Have a photo taken. You'll need to upload a digital, passport-sized photograph along with your application. The picture must have been taken in the past six months and must meet the following requirements: ^{[3]
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- You must show your full face. Although religious head coverings are allowed, your face cannot be hidden.
- The picture must be two inches by two inches, and your face must be between 1 inch and 1 3/8 inches in height.
- You must be facing the camera and have a neutral expression. Your eyes must be open
- The picture must be in color in front of a white (or off-white) background.
- You can't wear glasses or headphones, though you can wear a hearing device.
- You should wear your normal daily clothing.
- The digital picture must be in JPEG format and have a minimum of 600 x 600 pixels (1200 x 1200 maximum).
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3
Complete Form DS-160. This form is available online here: https://ceac.state.gov/genniv/ . You need to select the closest city from the location list. This is the city where you will be applying from. To complete the application, do the following: ^{[4]
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- Write down the application ID displayed in the upper right-hand corner.
- Answer all questions fully in English using the English alphabet.
- Sign the application electronically.
- Upload your digital picture when prompted. If uploading fails, you can take a picture with you to the consulate.
- Remember to print out a copy of your application, which you'll need to show at the consulate or embassy.
You probably will need to pay your application fee before you can schedule an appointment. Contact your nearest embassy or consulate for requirements. Make sure to keep the receipt for your payment, which you should take with you to your interview. ^{[5]
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5
Visit the consulate or embassy. Assemble all of your required documents and go to the nearest consulate or embassy in your home country. State that you are applying for an H-4 visa. ^{[6]
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- If approved, you should coordinate how your visa will be sent to you.
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Method 2

Method 2 of 3:

Obtaining an H-4 Visa Within the U.S.

1
Complete Form I-539. Once you are already in the U.S., you don't need a visa (which is a document that lets you enter the country). Instead, you need to adjust your status. Download Form I-539 and its instructions from the USCIS website here: https://www.uscis.gov/i-539 .
- Either type your information using a typewriter or print neatly using black ink.
- If you need more space, then attach a piece of paper with the additional information. On the top of the page, include your name, A-Number, and the page number, part number, and item number your answer refers to. Sign and date the sheet.
- You can include all of your family members on one application. ^{[7]
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2
Collect supporting documents. You must submit the following documents along with your completed application. Gather them ahead of time: ^{[8]
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US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source}
- Copies of Form I-94 (front and back) for all people included in the application. You should have received this form when you entered the country.
- Evidence of your relationship to the H temporary worker, e.g., birth certificate or marriage certificate.
- One of the following: copy of the H-1B holder's Form I-129, copy of Form I-797, or copy of the H temporary workers most recent Form I-94.
3
Submit your application. You can submit it at the same time as your family member submits their Form I-129, or you can submit it afterwards. ^{[9]
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Research source} Remember to include your filing fee, which as of June 2017 is $370. Make your check or money order out to “U.S. Department of Homeland Security.”
- Keep a copy of your form for your records.
- You can find the address for submitting your forms by calling 1-800-375-5283.
USCIS might contact you if they need additional information or if an interview is required. ^{[10]
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US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source} Provide all requested information as soon as possible.
After being granted permission to stay in the U.S., you and your family might travel outside the country. In this situation, all dependents will need to stop at a U.S. consulate to get their H-4 visas. ^{[11]
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Research source} If they don't, they won't be allowed back in the country.

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Method 3

Method 3 of 3:

Working in the U.S.

1
Complete Form I-765. Spouses can work while in the U.S. You'll need to complete and submit Form I-765. You can download the form and instructions here: https://www.uscis.gov/i-765 . Be sure to read the instructions ahead of time.
- You can file this form when you file Form I-539 if you are adjusting your status while in the U.S.
- Remember to sign your form. Your application cannot be processed otherwise.
2
Gather required documents. You must submit the following documents as part of your application, so gather them ahead of time: ^{[12]
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Trustworthy Source
US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source}
- A copy of your current Form I-797 or Form I-94 that shows your admission to the U.S.
- A copy of your marriage certificate or other proof of your marriage to the H-1B visa holder.
- A copy of your spouse's approved Form I-140 or proof that your spouse received an extension of stay under AC21 106(a) and (b).
3
Submit your materials. Make a copy of the entire application packet for your records. Remember to submit your filing fee, which is currently $410. Make your check or money order payable to “U.S. Department of Homeland Security.” Don't use other initials. ^{[13]
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Trustworthy Source
US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source}
- You might be eligible for a fee waiver. Complete Form I-912 and submit it to check.
- You will submit your materials to either the Phoenix or Dallas offices. Review the instructions for more information.
USCIS will review your completed application. You may need to attend an interview and give biometrics (fingerprints, photo, and signature). USCIS may also request originals for any document you provided a copy of. ^{[14]
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Trustworthy Source
US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source} Always respond promptly to USCIS requests.
After receiving all information, USCIS has 90 days to make a decision. If you're approved, USCIS will mail your Employment Authorization Document (EAD) to you. However, if you're denied, you will receive a letter in the mail telling you why. ^{[15]
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Trustworthy Source
US Citizenship and Immigration Services
U.S. government agency in charge of the naturalization and immigration systems
Go to source}

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Are there any age requirements to obtain a dependent visa?

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Children must be unmarried and under 21 years of age.

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When you're claiming a dependent who is a child, he or she has to have lived with you for at least half of the year, and he or she has to be related to you. That means your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, or a descendant of any of those.

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How to Apply For a Dependent Visa

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Applying for an H-4 Visa Outside the U.S.

Obtaining an H-4 Visa Within the U.S.

Working in the U.S.

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