J-2 Dependent Visa

So, your spouse or parent is heading to the United States on a J-1 Visa, and you're wondering how you can tag along for the adventure? Good news! The J-2 Visa is designed just for you. In this guide, we'll cover what a J-2 Visa is, how to obtain one, the requirements, and other relevant information you'll need to make your journey to the U.S. as smooth as possible.

Sandpipers as interns in the United States

What is a J-2 Visa?

A J-2 Visa is a non-immigrant visa specifically designed for spouses and dependents (unmarried children under 21) of J-1 Visa holders. The J-1 Visa is issued to individuals participating in work-and-study-based exchange visitor programs in the United States. The J-2 Visa allows family members to live, and in some cases work or study, in the U.S. while the J-1 Visa holder completes their program.

Unlike other visa types, there is no annual cap on the number of J-2 visas issued. This means there are no limitations on how many people can obtain this visa type.

Things to Keep In Mind

J-1 visas come in all shapes and sizes, or rather, categories. And each category has its own rules about whether you can come along for the ride. For instance, J-1 categories like au pair, camp counselor, and secondary school students are not eligible to bring J-2 dependents to the U.S. But many other categories do!

Here's another twist: the eligibility to bring a J-2 dependent may also depend on the specific program or organization sponsoring the J-1 visa holder. For example, if you are a university student on a J-1 visa and wish to bring your spouse to the U.S. on a J-2 visa, the U.S. government generally has no restrictions against this. However, if your sponsoring organization prohibits it, then you won't be able to bring your spouse under the J-2 visa category.

Eligibility Criteria

To be eligible for a J-2 Visa, you must meet the following requirements:

  • 1. Relationship to J-1 Visa Holder: You must be a spouse or an unmarried child under the age of 21 of a J-1 Visa holder.
  • 2. Financial Support: You must demonstrate that the J-1 Visa holder can financially support you during your stay in the U.S.
  • 3. Health Insurance: You must have adequate health insurance coverage for the duration of your stay.

How to Apply for a J-2 Visa

Step 1: DS-160 Form

The first step in applying for a J-2 Visa is to complete the DS-160 form online. After filling out the form, you'll receive a DS-160 confirmation page with a barcode. Print this page, as you'll need it for your visa interview.

Step 2: Pay the Visa Application Fee

The next step is to pay the non-refundable visa application fee, which is usually $160. Payment methods may vary depending on your country of residence.

Step 3: Schedule an Interview

Once the fee is paid, schedule a visa interview at the nearest U.S. Embassy or Consulate.

Step 4: Gather Required Documents

Prepare the following documents for your visa interview:

  • Valid passport
  • DS-160 confirmation page
  • Interview confirmation letter
  • Visa application fee receipt
  • One passport-sized photo
  • Your DS-2019 form (Certificate of Eligibility for Exchange Visitor Status)
  • J-1 visa holder's DS-2019 form
  • If J-1 visa holder is an intern or trainee, a copy of their DS-7002 form
  • Proof of relationship to the J-1 Visa holder (if spouse, marriage certificate; if children, birth certificate)
  • Financial evidence to show you can be supported in the U.S.

On top of all the above, don't forget about health insurance—it's a must-have for securing a J-2 visa. The sponsor of the J-1 visa holder may offer health insurance coverage. Sometimes this coverage extends to J-2 dependents, but not always. If the J-1 sponsor doesn't provide health insurance for you, you'll need to enroll in a separate plan.

Step 5: Attend the Interview

Attend the visa interview at the scheduled time and place. If approved, you'll receive your J-2 Visa stamped in your passport! This visa gives you the green light to head to the U.S., either at the same time as or after the J-1 visa holder. Just remember, you can't make the journey before the J-1 visa holder does.

J-2 Visa Processing Time

The time it takes to process a J-2 visa can vary widely, as U.S. Embassies handle different volumes of cases. Generally speaking, though, you can expect a processing time of around 30 days. So, from the moment you submit your application, you should anticipate hearing back about the status of your J-2 visa within about a month.

What are the advantages of a J-2 Visa?

Once in the U.S., J-2 visa holders enjoy various privileges, including the ability to enroll in academic programs, obtain a driver's license, and open bank accounts. They are also free to travel in and out of the U.S. and may be eligible to work under specific conditions.

Work Authorization for J-2 Visa Holders

Great news for J-2 visa holders—you have the option to work in the United States! To do so, you'll need to obtain an Employment Authorization Document (EAD). But before we dive into the how-to, here's a tip: it's best to apply for the EAD about three to four months after you've arrived in the U.S. Why? Because you've already shown the U.S. government that you have enough financial resources for your initial stay. Applying for work authorization right away might raise questions about your financial stability.

How to Apply for an EAD

Here's what you'll need to submit:

  • 1. Form I-765: This is the Application for Employment Authorization.
  • 2. Document Copies: Include copies of both your and the J-1 holder's DS-2019 forms, Forms I-94, and passports.
  • 3. Photographs: Attach two passport-sized photos.
  • 4. Marriage Certificate: If you're the spouse of the J-1 holder, include this.
  • 5. Statement of Intent: Write a statement explaining why you'd like to work. Important note: don't mention financial necessity. You've already demonstrated that the J-1 holder can financially support you. Instead, focus on reasons like cultural experiences, or recreational activities. Also, include details about the J-1 holder, such as their category, sponsor, and any salary or stipend they may be receiving.
  • 6. Employer Letter: If you've already secured a job, include a letter from your future employer. Make sure the letter confirms that your earnings won't be used to support the J-1 visa holder.

You can request that your EAD be valid until the end of your U.S. stay. Just include the expiration date found on your DS-2019 form in your EAD application statement.

After Getting Your EAD

Once you have your EAD, you're free to work part-time or full-time. If your EAD expires but you're still within your DS-2019 timeframe, you can apply for an extension. Plus, you'll be eligible for a Social Security Number (SSN) and will need to file U.S. taxes, just like any other employed individual.

J-2 Visa Validity

Your J-2 visa is like a sidecar to the J-1 visa holder's motorcycle—it goes where they go. That means the validity of your J-2 visa is directly tied to the J-1 visa. If, for example, your spouse's J-1 visa is valid for two years, your J-2 visa will be valid for the same period. If the J-1 visa holder successfully extends their visa, you can also apply for an extension. Once approved, you'll receive a new DS-2019 form.

Home Residency Requirement

Most J-1 visas come with a two-year home residency requirement, and this applies to J-2 dependents as well. If your spouse has this requirement, you'll also need to return to your home country for two years after your visa expires before you can apply for a similar U.S. visa—except for visitor or tourist visas.

Changing Visa Status

If you're interested in changing to another visa type and you don't have a two-year home residency requirement, you have options. For instance, you could find a job that makes you eligible for an H1B visa. In such cases, your employer would need to file Form I-129 on your behalf.

Waivers and Green Cards

If the J-1 visa holder secures a waiver for specific reasons, you don't need to file for a separate waiver; you're automatically included. However, there are special circumstances where you might file for a J-2 waiver:

  • If the J-1 visa holder has passed away (you'll need a valid death certificate).
  • If you divorce the J-1 visa holder (you'll need valid divorce documents).
  • If you're the child of the J-1 holder and turn 21 (you'll need a valid birth certificate).

In these cases, you'll also need to submit documents explaining why you're applying for a waiver independently of the J-1 holder.

Lastly, J-2 visa holders could also apply for a Green Card. If the J-1 visa holder secures a Green Card, you, as their dependent, will also be eligible. Alternatively, you can apply for a Green Card yourself based on family or employment reasons.

Wrapping Up

So there you have it! The J-2 visa is your golden opportunity to make the most of your time in the U.S. while your loved one is on their J-1 journey. Obtaining a J-2 Visa is a straightforward process if you meet the eligibility criteria and follow the application steps carefully. Make sure to maintain your status and adhere to the visa regulations to enjoy a hassle-free stay. Happy travels!

For more information, visit the U.S. Department of State's website or consult with immigration attorneys to guide you through the process!