Visas for Family Members
(Dependent Visas)
If you are a visa holder, legal permanent resident, or citizen of the United States, your spouse, fiancé, and/or dependent children under 21 may be eligible for a US visa.
There are several types of dependent visas, each with its own privileges, requirements, and restrictions. Some allow dependents to work and/or study in the US, others don’t.
Please note that the below are only general guidelines. There are many factors to consider when petitioning for your spouse, your children, or your spouse’s children, which can affect the timeline and your chances of approval in several ways.
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For Dependents of US Citizens
Visa for a Spouse
If you got married outside the United States to a foreign national and want to live with your spouse in the US, you or your lawyer begin the process by filling out this form. Then, you have three possible options:
- Travel together to the US if your spouse is allowed to do so (he/she may be from a Visa Waiver country or already have a Visa for entry to the US), and then apply for a green card (permanent resident card) once in the United States
- Apply for a green card while in the foreign country and travel with your spouse after he/she receives it
- Travel to the US alone; your spouse will join you after he/she receives their permanent resident card
Visa for a Spouse-to-Be
If you aren’t yet married but have plans to marry a foreign national within the United States, you can apply for a Fiancé visa. Once your fiancé receives his/her visa, they travel to the US and, after the wedding, becomes eligible to apply for a green card.
Visa for Dependent Children
If your dependent foreign-born children are under 21 years of age, you must request a green card for them at the same time you apply for your spouse or fiancé. If your spouse has his/her own dependent children under 21, you must also add them to your spouse’s petition.
For Dependents of Permanent Residents (Green Card) Holders
For Dependents of Nonimmigrant Work Visa Holders
If you travel to the US temporarily on a nonimmigrant work visa, in certain cases you may be able to bring with you your spouse and/or dependent children under 21. Some nonimmigrant visas allow the visa holder to petition for their spouses and dependent children under 21, others do not.
Very few dependent nonimmigrant visas (such as the H-4 spousal visa associated with the H-1B visa for workers in specialty occupations) allow spouses to work; most allow dependent children to attend school.
(selection of relevant visas and associated dependent visas from this list)
Comprehensive Legal Advice for Employers, Employees, and Their Families
Whether you are a US firm helping employees bring their dependents to the US, or an employee wanting to move to the US with their family on a temporary or permanent work assignment, at Cifuentes Marrero we will do everything in our power to assist and guide you every step of the way. That’s because to us, there is nothing more important than family.
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