Bringing your family (dependants)

How derivative status works

A derivative visa is granted because of, and alongside, the principal's visa. The spouse and each qualifying child normally apply for their own visa using the same nonimmigrant application form (DS-160), pay their own MRV application fee, and attend their own interview, though children can sometimes be included depending on the post's procedure.

Family members can travel with the principal or "follow to join" later. A derivative can never give the holder more rights than the principal, and if the principal changes, extends or loses status, the dependants' status is affected in the same way.

• Spouse: a legally married husband or wife of the principal.
• Children: unmarried and under 21 (under-21 at the relevant time for the category).
• Each derivative usually needs its own supporting document from the school, sponsor or employer (for example an individual Form I-20 or DS-2019).
• Derivative validity is tied to the principal's period of stay shown on the I-94.

Students and exchange visitors: F-2, M-2 and J-2

For a student's family, the school issues each F-2 or M-2 dependant an individual Form I-20, which they use to apply. F-2 and M-2 dependants may not work in the United States. F-2 minor children may attend elementary and secondary (K-12) school; an F-2 spouse may study only part-time or recreationally, and full-time academic study generally requires changing to a student status.

For an exchange visitor's family, the program sponsor issues each J-2 dependant a separate Form DS-2019 (no additional SEVIS I-901 fee for the dependants). J-2 dependants may study freely, including full-time. Uniquely among these categories, a J-2 spouse or child may apply to work by filing Form I-765 for an Employment Authorization Document, but the income cannot be used to support the J-1 principal.

• F-2 / M-2: no employment permitted; separate Form I-20 required for each.
• J-2: study allowed, including full-time; children may attend school without a separate F visa.
• J-2 work: possible only after USCIS approves Form I-765; may be granted up to the length of the J-1 stay or 4 years, whichever is shorter.
• J-2 earnings may not be used to support the J-1 exchange visitor.

Worker dependants: H-4 and L-2

Dependants of H and L workers hold H-4 and L-2 status. Their ability to work is a common point of confusion, so check your specific situation carefully.

L-2 spouses are considered employment-authorized simply by holding valid L-2 status ("incident to status"). Since 30 January 2022, USCIS and CBP issue an I-94 with an L-2S admission code that itself serves as proof of work authorization, so an L-2 spouse can work without waiting for a separate card, though many still file Form I-765 to obtain a physical EAD.

H-4 spouses may work only in narrower circumstances, chiefly when the H-1B principal is the beneficiary of an approved Form I-140 immigrant petition or holds H-1B status extended beyond six years under AC21. An eligible H-4 spouse must file Form I-765 and may not begin working until it is approved.

• L-2 spouse: work authorized incident to status; L-2S I-94 evidences it; EAD via Form I-765 optional.
• H-4 spouse: work only if eligibility conditions are met, and only after Form I-765 is approved.
• H-4 and L-2 children may attend school but generally cannot work.
• Certain H-4 and L-2 EAD renewals can auto-extend for up to 180 days when a timely renewal I-765 is filed; confirm the current rule with USCIS.

Fiancé(e) and other family categories: K-2 and beyond

When a US citizen files Form I-129F for a K-1 fiancé(e), the fiancé(e)'s unmarried children under 21 can receive K-2 visas. Each K-2 applicant files a separate visa application and pays the K visa fee. Children may accompany the K-1 parent or follow to join, but the K-1 principal must enter the United States before or at the same time as any K-2 child.

Other family-linked categories exist, such as K-3/K-4 for spouses and children of US citizens and V visas for certain spouses and children of permanent residents; these have their own rules. For immigrant (permanent) routes, spouses and children are usually included as derivatives of the underlying petition rather than through these nonimmigrant classes.

• K-2: children of a K-1 fiancé(e); separate application and fee for each child.
• K-1 must be admitted before or at the same time as any K-2 child.
• K-3/K-4 and V are separate family categories with their own conditions.
• Immigrant-visa dependants follow the priority date of the principal's petition (see the Visa Bulletin).

Fees, forms and things that change

Budget for a separate MRV application fee per dependant, currently 185 US dollars for most non-petition categories and 205 US dollars for petition-based H, L, O, P, Q and R cases (E treaty categories are 315 US dollars). Reciprocity/issuance fees can also apply and vary by nationality.

Where a dependant applies to work, Form I-765 (Application for Employment Authorization) is the relevant filing; where status must be changed or extended from inside the United States, Form I-539 is used. USCIS fees were last set on 1 April 2024. All of these figures change over time, so confirm the current amounts and any auto-extension periods on the official pages before you file or travel.

• MRV visa fee (2026 baseline): 185 US dollars non-petition; 205 US dollars petition-based H/L/O/P/Q/R; 315 US dollars E treaty.
• Form I-765: dependant work authorization (J-2, eligible H-4, EAD for L-2).
• Form I-539: change or extend dependant status from within the US.
• Fees, processing times and work-authorization rules change; verify on USCIS and travel.state.gov.