Family Visa Overview

Derivative Nonimmigrant Visas for Spouses or Children of Visa Applicants

There are many ways for U.S. citizens, permanent residents and temporary nonimmigrants living, studying or working in the United States to bring their families legally into the country with them. While the process for immigrating is easiest for relatives of U.S. citizens and permanent residents, nonimmigrant visas called "derivative visas" are granted to family members and dependents of temporary nonimmigrant visa holders.


Below you will find information about which nonimmigrant visas permit family members to accompany or join the primary visa holder, as well as answers to common questions about how to apply for these family visas.

What You’ll Find on This Page:

  • Which Visas Allow Family Members to Enter the U.S.?
  • Who Qualifies for a Family Visa?
  • Family Visa Application Process
  • Benefits of Possessing a Family Visa

Which Visas Allow Family Members to Enter the U.S.?

Derivative visas for family members and legal dependents may be obtained for the following nonimmigrant visas:

Who Qualifies for a Derivative Family Visa?

Spouses applying for derivative status under any of the nonimmigrant visas listed above must be able to provide documentation of marriage in the form of a legal marriage certificate. In order to qualify as dependents, children must be under the age of 21 and unmarried; proof of birth in the form of a legal birth certificate is required.

Additionally, because most dependent visas do not permit the visa holder to work while in the United States, the primary visa holder must provide evidence of enough funds to support all dependents with derivative visas.  This evidence may include any documentation of funds to support the dependents, such as evidence of personal funds, funds from employers, funds from outside sources such as grants, and/or funds from friends or family members.

Family Visa Application Process

Applicants for derivative visas may apply either on the same nonimmigrant visa application as the primary visa applicant, or may apply at a separate time with a copy of the visa approval for the primary visa holder included in the derivative visa application.

All nonimmigrant visas require submission of "Nonimmigrant Visa Application," DS-156. Additionally, all male applicants between 16-45 years of age and all applicants from U.S. government-designated state sponsors of terrorism age 16 and over must submit "Supplemental Nonimmigrant Visa Application," DS-157. Note: the U.S. Department of State is gradually implementing a Form DS-160, "Nonimmigrant Visa Electronic Application" that will take the place of DS-156, 157, 158, and other related forms. However, it will only be available at some U.S. embassies and consulates to begin with—please check your local embassy or consulate for more information on this new process.

Other application forms vary according to the visa sought:

  • DS-156E: Nonimmigrant Treaty Trader / Investor Application
  • DS-156K: Nonimmigrant Fiance(e) Visa Application
  • DS-2019: Certificate of Eligibility for Exchange Visitor Status
  • DS-3052: Nonimmigrant V Visa Application
In addition to these forms, all applicant dependents must possess a passport valid for at least six months beyond the end of stay and submit two standard 2x2 photographs, as well as provide marriage and birth documents to prove their relationship to the primary visa holder.

A derivative visa is valid for the same period as the primary visa, and remains so as long as the primary visa holder retains legal status.

Visa Application Fees

The applicant for a derivative visa must pay the same fees as the primary visa holder: the visa application fee of $131 still applies, as well as visa issuance fee of an additional $131.

Benefits of Possessing a Family Visa

The main and obvious benefit of possessing a family visa is the ability to enter the United States legally to live with the primary visa holder. A nonimmigrant visa holder can also travel to and from the United States freely, allowing flexibility in the family living situation, as well as engage in study at any university or school in the United States without needing to obtain a separate student visa (except in the case of F-2 visas, which only allow dependent children to study in elementary or secondary schools).

Many nonimmigrant visas, especially nonimmigrant work visas, do not allow spouses, children and other family members to accept employment or study in the United States. However, some nonimmigrant visas do permit spouses to accept employment:

  •  E visas for treaty traders/investors;
  •  J visas for exchange visitors;
  •  L visas for intracompany transferees;
  •  K visas for fiancees/fiances or spouses of U.S. citizens; and
  •  V visas for dependents of lawful permanent residents.
Recipients of a derivative visa within one of these categories may submit Form I-765, "Application for Employment Authorization," often simply called a "work permit," in order to receive permission to work legally.

Questions about Family Visas? Speak to an Immigration Representative Today

To speak with an immigration team member, call us at 877-854-7606 or simply fill out our Immigration Assessment Form.