R1 Visa Dependent

The R-1 visa allows certain religious workers to enter the United States to perform religious duties, and it also provides a pathway for their dependents to accompany them. Below is a detailed overview of the provisions related to dependents of R-1 visa holders:

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Who Qualifies as a Dependent?

Dependents of R-1 visa holders include:

• Spouse: The legally married husband or wife of the R-1 visa holder.
• Children: Unmarried children under the age of 21 at the time of application.

Visa Type for Dependents

Dependents of R-1 visa holders apply for the R-2 visa. This visa allows them to enter and remain in the U.S. while the primary R-1 visa holder is performing their religious duties.

Benefits of R-2 Visa for Dependents

1. Duration of Stay:
   • R-2 visa holders can stay in the U.S. for the same duration as the R-1 visa holder. If the R-1 visa is extended, the R-2 visa holders may also apply for extensions.
2. Family Unity:
   • The R-2 visa facilitates family unity by allowing immediate family members to accompany the R-1 visa holder during their stay in the U.S.
3. Study Opportunities:
   • R-2 visa holders are permitted to enroll in academic institutions and pursue educational opportunities while in the U.S.
4. Work Restrictions:
   • Unlike R-1 visa holders, R-2 visa holders cannot work in the U.S. However, they can engage in full-time or part-time study.

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Application Process for R-2 Visa

1. Form I-129:
   • When the sponsoring religious organization files Form I-129 for the R-1 visa holder, they can also indicate the intention to bring dependents.
2. DS-160 Form:
   • Each dependent must complete the DS-160 (Online Nonimmigrant Visa Application) and submit it before attending the visa interview.
3. Documentation:
   • Dependents will need to provide various documents, including:
     • A valid passport (valid for at least six months beyond the intended stay).
     • Photographs meeting U.S. visa requirements.
     • Proof of relationship to the R-1 visa holder (marriage certificate for spouses, birth certificates for children).
     • Evidence of the R-1 visa holder’s status (such as the I-797 approval notice).
4. Visa Application Fee:
   • R-2 visa applicants must pay the visa application fee and provide proof of payment.
5. Visa Interview:
   • Dependents may need to attend a visa interview at a U.S. embassy or consulate. They should be prepared to discuss their relationship with the R-1 visa holder and their plans while in the U.S.

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Important Considerations

• Legal Status: R-2 visa holders must maintain their status and comply with U.S. immigration laws during their stay.
• Pathway to Change Status: If R-2 visa holders wish to work or change their status, they may need to explore other visa options that allow employment.
• Aging Out: Children on R-2 visas may “age out” when they turn 21, at which point they must apply for a different visa category if they wish to remain in the U.S.

The R-2 visa provides essential benefits for the dependents of R-1 visa holders, ensuring family unity and allowing dependents to pursue educational opportunities while living in the U.S. Understanding the application process and the limitations associated with the R-2 visa is crucial for a successful stay in the country.