Do you already hold an H-1B visa in the United States? If you are a worker with legal "non-immigrant" status, you can apply for a family reunification visa for your children and your spouse, so that they can reunite with you for as long as your visa is valid. A family reunification visa, also called an H-4 visa, can be applied for at any time after your H-1B application has been approved. Keep reading this article to understand what the process for applying for a visa for family reunification from outside the United States is and how you can get an extension within the United States.
Steps
Method 1 of 2: Obtain a Family Reunification Visa from Abroad
Step 1. Check what is the status indicated on your visa
To be eligible for an H-4 visa for your family members, your H-1B visa application must be approved by the U. S. Citizenship and Immigration Services (USCIS). It is not necessary to have the visa already in your hands, but the request must be “active”.
- If you have not yet applied for an H-1B visa, you can do so at the US Consulate in your home country. The consulate will handle your request.
- If you and your spouse are both applying for the H-1B visa and submitting the documents at the same time, this is often the most convenient procedure.
- Once your application has been filed, you can continue with the H-4 visa application process.
Step 2. Prepare all documents
In order to apply for an H-4 visa, you need the following documents:
- A copy of the H-1B acceptance form (form I-797)
- A marriage certificate or birth certificate that proves the relationship between the H-1B visa holder and their child or spouse.
- Your child's or spouse's valid passport with an expiration date of no less than six months from the date of the request.
- A passport-sized photograph (in color, not black and white).
- The duly completed "non-immigrant" visa form (DS-160).
Step 3. File the application with the US Consulate in your home country
Provide the above documents and any additional documents specifically requested by the Consulate of your home country. The handling times for the H-4 visa vary; ask the Consulate how long it takes to normally handle applications in your country.
Method 2 of 2: Apply to Extend (or Change) "Non-Immigrant" Status in the United States
Step 1. Fill out Form I-539
If you, your children and your spouse are already in the United States on a study or work visa, a family reunification visa is not required; what you need is an extension or change in your "nonimmigrant" status so that your whole family can legally be together in the United States. Ask for an extension or change of status if you and your family are already legally in the United States and if you have a reason to extend your stay.
- You can apply for an extension or a change of status if you have arrived in the United States using a type of visa and need to change your status. This is the case, for example, when you arrived on a student visa and then found work in the United States.
- If you have a computer with Internet access, go to https://www.uscis.gov/portal/site/uscis, click on "forms" and scroll to I-539. The list is organized numerically. Click the left column in section I-539. From here, you can choose to download the application form or get answers to questions about the form filling process.
- If you prefer, you can also order the form by mail or telephone by contacting USCIS.
- Prepare to pay the application fee (the related fee). The cost is at least $ 290.
Step 2. Submit the form to the USCIS office electronically or by mail
Check if you are authorized to use the USCIS electronic filing system. However, all applicants can send the application by post to the offices in charge of receiving applications.
