O-3 Visas for Spouses and Children

O-3 Visas for Spouses and Children

Are you the spouse or dependent child under the age of 21 of an O-1 or O-2 individual? If so, you might qualify for an O-3 visa to temporarily visit the United States. However, you will not be eligible to apply for work authorization—an EAD (Employment Authorization Document)—in this status.

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Evidence

The documentation required to receive an O-3 visa includes evidence of your family relationship and evidence of the O-1 principal beneficiary’s financial support. If you are already in the U.S., you can apply simultaneously with the O-1 or O-2 principal for a change of status to O-3. If you are not in the US, you will apply for your O-3 visa at a U.S. consulate. You will need to provide photocopies of the O-1 or O-2 principal’s O visa and if applicable, their I-94 card.

You will receive the same period of admission for O-3 as the O-1/O-2 nonimmigrant. Although you will not be able to work, you are eligible to study full-time or part-time.

More Information

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Possible USCIS Fees

  • $290: I-539 Filing Fee

Related Forms

  • Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
  • Form I-539, Application to Extend/Change Nonimmigrant Status
  • Form G-1145, E-Notification of Application/Petition Acceptance

Steps

  • Form I-539, Application to Extend/Change Nonimmigrant Status
  • I-797 Fee Receipt Notice
  • I-797 Approval Notice
  • Change Status/Extension of Stay Or apply for visa at consulate (except Canadians)

Approx. USCIS Processing Time

  • 2 Weeks

Who Qualifies

  • Spouses
  • Dependent children

Period of Stay

  • Initial petition: up to 3 years
  • Unlimited extensions

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