Guide to H-4 Work Visa for Dependents

The H-4 visa allows you to go to the U.S if you are married to a H visa holder.

H-4 Visa 2019-01-10T09:08:10+00:00

Your spouse or parent has just gotten a US work visa. You might be asking yourself whether you are allowed to join them in the U.S. The answer is that you qualify to join with an H4 visa, if your spouse or parent has been granted one of these US non-immigrant visas:

  • H-1B visa
  • H-1B1 visa
  • H-2A visa
  • H-2B visa
  • H-3 visa

The H4 visa is completely dependent on the other H type visas. If your spouse has an H-1B visa, then you as their spouse have the same validity and are under the same visa cap as the H-1B visa holder. This means that you cannot stay longer than your spouse in the U.S if their visa has expired.

Do I Qualify to Apply for the H4 Visa?

To be eligible to apply for the H4 visa, you have to meet either one of the conditions:

  • Be the spouse of an approved H type visa holder.
  • Be the child under 21 years old of an approved H type visa holder. Children of H visa holders who are over 21 years old are not allowed to apply for the H4 visa.

H4 Visa Requirements

Besides the standard required documents for any US non-immigrant visa, you must also provide the following documents when applying for the H4 visa:

  • Photocopy of your spouse’s/parent’s I-129 form, I-797 form, and the Labor Certification Application (LCA)
  • Photocopy of your spouse’s/parent’s H type visa
  • A copy of your spouse’s/parent’s passport with a clear, identifiable photo
  • A copy of your spouse’s/parent’s letter of employment in the U.S
  • Copies of your spouse’s/parent’s letters of previous work experience
  • If your spouse/parent is already working in the U.S, you also have to submit recent pay stubs and tax filing information
  • If you are the child of the H type visa holder, submit the original birth certificate
  • If you are the spouse of the H type visa holder, submit the marriage certificate and genuine proof of marriage. Since many applicants try to fake being married to each other, you have to prove that you have married according to your country’s wedding tradition or at the wedding registrar. You can do that through submitting this proof:
    • Wedding photographs where you and your spouse are clearly seen in the pictures
    • Wedding videos or DVDs
    • Wedding invitations
    • List of wedding guests
    • Receipts for payments of wedding expenses
    • Booking receipts of your honeymoon or other post-marriage trips
  • If married only at the wedding registrar, you need to have these:
    • Copy of your signed wedding registrar affidavit
    • Pictures of you and your spouse signing the marriage certificate
    • Pictures of your witnesses and whoever was conducting the ceremony

H4 Visa Application Process

You need to take the following steps when applying for H4 visa:

  1. Apply online. You will need to fill Form DS-160 online. When you start your H4 visa application, you will get the DS-160 barcode. You need to keep the barcode confirmation page, print it, and bring it with you when you  have your interview.
  2. Pay the applicable H4 visa fees. H4 visa fees are the same as other H type visas. Currently, the application fee for this visa is $190. Pay the fee and save the receipt, as you will need it later during your application procedures.
  3. Schedule a visa interview appointment. As soon as you are done filing the DS-160 form, schedule an interview appointment with the U.S Embassy from which you are applying for the H4 visa. The sooner you schedule your interview, the faster will you complete the whole H4 visa application. When you schedule your interview, you will get a letter of confirmation, which you need to save for later.
  4. Submit H4 Visa Documents.
  5. Attend the visa interview. After you’ve applied online and submitted your documents, you need to attend the visa interview. During the interview, the interviewers will try to determine whether your relationship with the H type visa holder is genuine. Amongst common H4 visa interview questions will also be those relating to your intent for going to the U.S.
    The interviewers will ask what you will do in the U.S and see whether you intend to engage in any illegal activities. Prepare for the interview by clearly defining your reasons for going and be ready to answer questions about your spouse or parent. Your interview and application will determine whether you will be granted the H4 visa or not.
  6. Get your visa. You can check your visa status on the website of the U.S Embassy where you are applying by entering your application number. When your visa has been processed, the Embassy will notify you. If you have been granted the H4 visa, you will need to go for the visa stamping procedures. The visa stamping will be the last step for you to complete before you can book your trip to the U.S.

If you are outside the U.S, you will need to submit your application for H4 Visa at the U.S Embassy where your spouse or parent has applied or in your home country if you and your spouse are of different nationalities. If you are within the U.S, you can submit your H4 visa application through the USCIS.

Keep in mind that having an H4 visa or any U.S visa types does not guarantee that you will be allowed to enter the U.S. That decision is up the port of entry officers and the Department of Homeland Security. If they determine that it is safe to let you enter the U.S, you may do so. However, if for any reason they think that you are not fit to enter the country, you will have to return to your home country.

H4 Visa Processing Time

The processing times for the H4 visa are different from country to country. Since your H4 status is dependent on the status of the H type visa holder so your spouse or parent, it might take as long as it takes to process their visa. If, for example, your spouse is applying for an H-2A visa and you apply together, your visa will take the same time to process as your spouse’s.

If you are applying separately though, the time it takes to process the H4 visa will be up to the U.S Embassy and the work load that they have.

How Long can I Stay in the U.S With an H4 Visa?

When you apply for the H4 visa, you will have to submit your spouse’s or parent’s I-797 form. This form states the dates that the visa of your spouse or parent is valid. Based on this, the U.S Embassy will also grant you a visa with the same validity of your spouse’s or parent’s visa.

So if your spouse has a visa that is valid for 3 years, your H4 visa will also be valid for 3 years. That is the length of time that you are allowed to stay in the U.S.

Can I Extend my H4 Visa?

If your spouse or parent applies for an extension, then you are also eligible to apply for an extension of the H4 visa. This can be done by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

In addition to this form, you will have to also submit these supporting documents:

  • A copy of your most recent Form I-94
  • Your spouse’s or parents most recent Form I-94
  • Copies of your spouse’s or parent’s I-129 form and I-797 form and notice of approval
  • Proof of your relationship with the H type visa holder, such as the marriage certificate for spouses and birth certificate for parents

What am I Allowed to Do in the U.S With an H4 Visa?

Apply for a change of status

H4 visa holders can apply for a change of status. If, for example, you find an employer who is willing to sponsor your visa, you can file for the type of visa in which you qualify. For example, if you get a temporary, non-agricultural job, you can apply for a change of status to an H-2B visa.

When you get your H4 visa, you are allowed to engage in the following activities and get these documents in the U.S.

Get a Green Card

Also, many H4 visa holders want to know whether they can apply for a Green Card. The answer in this case is yes. Most H type visas are dual intent, which means that you can have a non-immigrant and immigrant status. However, if you apply for a Green Card from an H4 visa, it might take too long for your priority dates to become current. You might have to wait for years until your Green Card is approved.

A better way to go about getting a Green Card is to change status to an H-1B visa and then apply for the Green Card. Your Green Card might be processed faster and you won’t have to wait too long.

Study

You are allowed to enroll in academic courses or programs. You will have the same opportunities as a student on an F-1 visa. However, if you get accepted to an academic program in the U.S a an F-1 student, then you could get the F-1 visa, instead of the H4.

Work with a H4 visa

Before 2015, H4 visa work was prohibited. However, after 2015, H4 visa holders are allowed to work based on conditions specified by the H4 EAD program. The H4 EAD is only allowed if your spouse or parent is on an H-1B visa. Otherwise, if your spouse or parent has other types of H visas, such as H-1B1, H-2A, H-2B, or H-3 visa, you are not allowed to work with an H4 visa,

Open a Bank account for H4 visa holders

You can open your own H4 visa bank account as any other immigrant or citizen of the U.S with any banking institution. The procedure is easy and you can open it by providing your passport and local ID card.

Get a driver’s license

H4 visa holders are allowed to apply for a driver’s license in the U.S. If they pass the necessary driver’s tests, they are allowed to drive.

Get ITIN number for H4 dependents

If you are not working as a H4 visa holder, you will not be allowed to get a Social Security Number (SSN). Instead, you will get an ITIN tax number. This means that you will still have to file taxes just as anyone with an SSN. If you are employed, though, you will have to get a Social Security Number.

H4 Visa Interview Questions

When you attend the interview for an H4 Visa, the consular officer will ask you several questions. The interview might be quite stressful for many, despite that the questions are quite basic and simple. That is why you are highly recommended to prepare the answers in advance.

Following you may find the questions that are usually asked during an H4 Visa interview.

Questions about you and the reason you are applying for an H4 visa

The US authorities in charge of issuing visas are interested to know more about you, the reason for applying for a visa, and more. The following questions are usually asked to every applicant. You may be asked some of these questions, or all of them.

Answer each of them correctly and honestly. Try to speak clearly, so the interviewer will have no difficulties to understand you.

  • Which type of visa do you want an approval for?
  • Why are you applying for an H4 visa?
  • Why do you need an H4 Visa?
  • Did you make this appointment for the interview? Did someone else make the appointment for you?
  • How did you obtain all the documents required for the H4 Visa interview?
  • If your spouse is already in the United States, why are you choosing to apply for a visa now?
  • Why are you applying for a visa now when you were married over a year ago/some time ago?
  • What do you plan on doing in the United States?
  • Are you planning to get a job in the United States?
  • Do you have any family members living in the United States?
  • Which city/town are you currently residing in your home country?
  • Do you live with your family or friends?
  • Whom do you plan to reside with, in the United States?
  • Who will financially support you during your period of stay in the United States?

Questions about your marriage

The interviewer will ask you several questions about your marriage. This includes questions on how you met with your spouse and about your wedding. Give correct information for each question without hesitating.

  • Can you show me a document that legally states your marriage to the H-1 Visa holder?
  • When did you first meet your spouse?
  • Were you engaged before getting married to your spouse?
  • How long have you and your spouse been married?
  • Was your marriage, a love marriage or arranged?
  • Was your marriage registered? Do you have any proof of your marriage being registered?
  • What is the date of your marriage?
  • Can you show me some of your wedding pictures?
  • Can you show me your wedding invitation?
  • Who paid for your wedding, and how much did it cost?
  • What is the duration for which you have been married to your current spouse?
  • After marriage, did you go for your honeymoon? If yes, where?

Questions about your spouse

The third part of questions is that about your spouse. The interviewer will ask you questions about her/him in order to figure out if the spouse already in US can maintain you financially, is they have a stable work, and if the intend to remain in the US for long.

IF you are not sure what you husband works, or who is their employer, obtain more information in this regard. You should be fully prepared to answer each question, or else you may lose the chance to get the visa.

  • What is your spouse’s date of birth?
  • What university/college did your spouse graduate from?
  • What is the highest degree of your spouse?
  • In which month and year did your spouse get an approval for the H-1 Visa?
  • What is the name of the company where your spouse works? Where are their headquarters located?
  • What does your spouse do at his/her job?
  • How long has your spouse been working in the US?
  • How long has your spouse been working for his/her current employer?
  • What did your spouse previously work?
  • What is your spouse’s annual income?
  • Can you provide a bank statement of your spouse’s bank account?
  • Has your spouse obtained a green card?