The R-1 visa allows foreign nationals to enter the United States temporarily to work in religious capacities. One of the benefits of the R-1 visa is the ability for holders to bring their dependents to the U.S. under R-2 visas. Here’s a comprehensive overview of R-1 visa dependents and the R-2 visa process.
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Eligibility for R-2 Visa
Dependents of R-1 visa holders can apply for R-2 visas, which are specifically designated for spouses and unmarried children under the age of 21. To qualify for the R-2 visa, dependents must meet the following criteria:
- Relationship to the R-1 Visa Holder:
- The applicant must be the spouse or an unmarried child (under 21 years old) of the primary R-1 visa holder.
- Validity of R-1 Visa:
- The primary R-1 visa holder must maintain valid R-1 status for dependents to retain their R-2 status.
Application Process for R-2 Visa
The application process for the R-2 visa is generally similar to that of the R-1 visa, involving several key steps:
- Petition Filing:
- The R-1 visa holder (the petitioner) does not need to file a separate petition for R-2 dependents. Instead, dependents can apply directly for the R-2 visa.
- Visa Application:
- Dependents must complete Form DS-160, the Online Nonimmigrant Visa Application. Each dependent must submit a separate application.
- Documentation:
- Applicants must provide various supporting documents, including:
- A copy of the R-1 visa holder’s approval notice (Form I-797).
- Proof of the relationship to the R-1 visa holder (e.g., marriage certificate for spouses, birth certificate for children).
- Passport-sized photos as per the requirements.
- Valid passports for each dependent.
- Applicants must provide various supporting documents, including:
- Interview:
- Dependents may be required to attend an interview at a U.S. embassy or consulate. During the interview, they may be asked about their relationship with the R-1 visa holder and their plans while in the U.S.
- Visa Issuance:
- If the application is approved, R-2 visas will be issued, allowing the dependents to enter the United States.
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Rights and Limitations of R-2 Visa Holders
While R-2 visa holders enjoy certain rights, there are important limitations to keep in mind:
- Study:
- R-2 visa holders are permitted to enroll in academic programs and study in the U.S. This makes it an excellent opportunity for dependents to pursue education while living in the country.
- Employment:
- R-2 visa holders are not allowed to work in the U.S. They cannot engage in any form of employment, whether paid or unpaid. If they wish to work, they must apply for a different type of visa that allows employment.
- Duration of Stay:
- R-2 visa holders can remain in the U.S. for as long as the primary R-1 visa holder maintains their status. If the R-1 visa holder’s status changes or expires, the R-2 visa holders must also depart the U.S.
- Adjustment of Status:
- If the R-1 visa holder applies for adjustment of status to become a permanent resident (Green Card holder), R-2 dependents may also be included in the application.
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The R-2 visa offers a pathway for the dependents of R-1 visa holders to accompany them during their stay in the United States. Understanding the eligibility requirements, application process, and rights associated with the R-2 visa is crucial for families seeking to maintain their togetherness while serving in religious capacities in the U.S.
