Overview

Spouses and children under the age of 21 who wish to accompany, or following to join, an E, F, H, I, J, L, M, O, P, or R visa holder may apply for derivative visas.  If they wish to visit for vacations only, they may apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).  Common-law spouses and partners may be eligible to apply for B-2 visas.  If they wish to visit for vacations only, they may apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

There is no derivative visa status for the spouse or children under the age of 21 who wish to accompany, or follow to join the holder of a B, C, D, or Q visa holder.  They are required to qualify for a visa in their own right.  The type of visa required will depend on the purpose of travel.  If working or studying, the appropriate work or student visa is required.

Same-Sex Marriages

If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for U.S. visa purposes.  Therefore, if you are applying for a visa in a category where derivative visa status may be accorded to spouses, you may apply for a visa based on your marriage.