The O-3 visa, often called the “O-1 Spouse Visa,” allows spouses and dependents of O-1 and O-2 visa holders to file for the O-3 visa so they can accompany them to the U.S.
While O-3 visa holders cannot work in the U.S., they can study either full-time or part-time, and later adjust their status to another visa or green card category. At Visanation, we help U.S. foreign workers bring their spouses and dependents with them to the U.S., ensuring that there are no issues.
Increase Your O-3 Visa Approval Chances with VisaNation
O-3 Eligibility Criteria
To qualify for an O-1 spouse visa, you must either be the spouse or child of an O-1 or O-2 visa holder. Eligibility is dependent on your ability to provide evidence that proves this relationship, such as a marriage certificate or birth certificates. Additionally, you must be able to prove that you are not inadmissible based on health grounds or criminal history.
Fiances, children over 21, parents, siblings, or grandparents are not eligible for an O-3 visa.
The O-1 visa category is divided into two subcategories:
- O-1A: This is for those with extraordinary ability in science, education, athletics, or business.
- O-1B: This category is for those with extraordinary achievement in the art, motion picture, or television industries.
Just like other U.S. work visas, the O-1 nonimmigrant visa is sponsored by a U.S. employer. However, O-1 applicants can also be sponsored by their agent.
Qualified O-1 visa dependents are permitted to come to the United States. This dependent visa type is known as the O-3 visa and is sponsored by the same entity as the principal O-1 holder. Once the O-3 dependent child turns 21, they’ll need to change to another non-immigrant status to remain in the U.S. The F-2 student visa or B-2 visitor visa may be a suitable option you discuss with your immigration attorney.
How to Apply for an O-3 visa
There are two filing options available for an O-1 visa spouse, depending on whether you are inside or outside the United States.
Process If You Are In the U.S.
For those in the United States on a valid non-immigrant status, the employer will file an I-129 visa petition on behalf of the O-1 visa applicant. Within this petition, the O-1 employer can file one I-129 petition for the O-3 dependent(s) as derivatives. If you are currently on a valid independent non-immigrant visa, you may decide to change your status to O-3 before your current status expires.
Process If You Are Outside the United States
In this case, you cannot file concurrently with your spouse. You will need to wait until the I-129 petition filed by your spouse’s U.S. employer is approved. This approval will be part of the supporting documents to use in processing your O-3 visa.
You will apply using the DS-160 non-immigration application. Follow the O-3 visa guidelines applicable at the embassy or consulate you are applying from, as the instructions vary between embassies.
DS-160 Online Nonimmigrant Visa Application
Step 1: Complete the DS-160 form that must be filled out online by all non-immigrant applicants using consular processing.
It will take approximately 90 minutes to complete the application.
You will need to follow the online instructions and provide all the required information.
The form has a confirmation page and bar code, which you will need to print out and bring to your interview.
Step 2: Pay the Nonimmigrant Visa Fees
You will need to pay the $205 O-3 visa fee as part of the consulate processing requirements. There may also be a visa issuance fee, which is based on the visa reciprocity schedule of the applicant’s country. Make sure you get receipts for all payments made and attach them to your document file. If your application contains errors or is incomplete, you will have to pay additional administrative and legal fees.
Step 3: Schedule an Interview
Being the spouse of an O-1 holder does not automatically grant you an O-3 visa. Generally, visa applicants between the ages of 14 and 79 are required to appear for an interview to prove their eligibility and admissibility to the United States.
You will need to check the embassy or consulate website for their interview guidelines and book a date. The waiting period for the interview will depend on the caseload at the embassy or consulate. You can view the wait time at your local embassy through the official Department of State Interview Wait Times website. You will receive an interview confirmation letter, which you must bring to your interview.
Go over interview prep for your O-3 Visa with us!
Documents Checklist for O-1 Visa For Spouses
Whether you are inside or outside the United States, you will need to provide supporting evidence of your marital relationship to your O-1 spouse as well as evidence that you meet all other eligibility criteria. The following are some of the documents that are generally required:
- I-797 form, the approval notice of your spouse’s O-1 visa,
- Your marriage certificate is the most crucial legal proof of your marital relationship with your O-1 spouse.
- Your interview confirmation letter
- Receipts of all payments made
- Passport photograph specifications according to the DOS photo requirements
- A copy of the passport of your O-1 spouse
- A copy of the O-1 visa of your spouse
- Your DS-160 confirmation page and receipt
O-3 Interview Questions
Your interview will be conducted at the embassy or consulate where you applied. You will need to prepare for your interview by reviewing the submitted documents and providing honest and accurate answers to all of the questions. The interview questions will generally be centered on your marital relationship, your biographic information, and other factors related to eligibility for O-3 status. You should prepare to answer questions around:
- Personal Information (What’s your name? Have you ever been to the U.S. before?)
- Questions about the O-1 Visa Holder
- Relationship Verification
- Travel and Intent
- Financial Support
- Questions about plans in the future
Your performance at the interview will largely determine your approval success, which is why you must be thorough. If your immigration interview is successful, you will be granted an O-3 visa.
Some of the questions asked during an O-1 Visa Spouse may overlap with the questions asked during a marriage-green card interview, which aim to establish a genuine relationship.
Applying at the U.S. Port of Entry
O-3 dependents can enter at the same time as the principal O-1 or O-2 visa holder, but dependents are not permitted to enter the United States before the employee’s authorized entry date. Upon your arrival, you will need to present your visa to the U.S. Customs and Border Protection (CBP) officer at the port of entry. The officer will review your documents and ask you about the purpose of your visit.
It is within the discretion of the CBP officers to deny or grant an applicant entry after reviewing their documents. If entry is granted, your documents will be returned to you, and you will receive an admission date stamp on your arrival/departure card. This will indicate the period of stay of your visa.
What to bring to the port of entry as a dependent of an O-1 visa holder:
- Proof of the O-1 status for the primary visa holder (Copies of Form I-93, approval notices, etc.)
- Valid O-1 entry visa in passport (does not apply to Canadian citizens)
- Valid passport for at least six months past the O-1 authorization end date
- Employment offer letter or confirmation letter
- Marriage certificate for your spouse and birth certificates for each dependent child
VisaNation attorneys have helped hundreds of foreign workers bring their spouses and dependents to the U.S.
How Long Is the O-3 Valid?
As a spouse to an O-1 visa holder, your visa validity will be of the same length as that of your spouse. The O-1 visa is issued with a 3-year validity period, with an option for extension. If your spouse applies for an extension, you must be listed as a dependent to extend your O-3 status in the U.S. O-1 visas can be extended for one year at a time, which can be repeated as many times as is needed.
It’s Easy and Simple to Get O-3 Visa with VisaNation
O-3 Visa Requirements
The following are the eligibility requirements for the O-3:
- An immediate relative of an O-1 or O-2 visa applicant (dependent spouse/unmarried children under 21)
- Prove the relationship with the primary visa holder (marriage certificate, birth certificate, etc.)
- Not have any criminal history background
For any employment or family immigration, numerous requirements must be met, along with many forms and documents that must be submitted.
VisaNation prepares the entire O-3 visa from start to finish!
O-3 Visa Work Permit
Unfortunately, spouses of O-1 visa holders are not permitted to work in the United States. Taking up employment will violate your visa status and may affect your stay, leading to heavy penalties under immigration law.
If you want to work, you will need to change your status to a work visa category, such as an H-1B. This will enable you to work in the United States, according to the guidelines of your visa status. However, the moment you adjust to another visa type, your status will no longer be tied to that of your O-1 spouse.
Can I Study on an O-3 Visa?
You may study in the United States with your O-3 visa, either on a full-time or part-time basis. However, your study duration should not extend beyond the visa stay of your O-1 spouse, which is three years. If your program extends beyond three years, you will need to apply for an extension of your O visa to complete your program. However, this will only be allowed if your O-1 visa spouse also applies for an extension, as your O-3 visa is tied to their status.
How long is the Visa Valid?
The O-3 visa is considered a dependent visa, which means it is valid for the length of time the primary visa is valid, which for O-1 and O-2 visas is initially 3 years.
Get O-3 Visa for Your Spouse
O-3 Visa To Green Card
One of the biggest benefits of the O-1 category is its “dual intent” feature, which allows its holders to apply for a green card. Also, unlike some other non-immigrant visas, there is no time constraint as to when a green card application can be filed by an O-1 holder. This means that the process can begin immediately after arriving in the U.S.
Employment-Based Green Card
As an O-1 visa holder, you may apply for any green card category as long as you meet the eligibility criteria. However, among the available types, the best option is the EB-1 green card. This is because the EB-1 immigrant category and O-1 nonimmigrant requirements have similar criteria. Just like the O-1, the EB-1 is also meant for those with extraordinary ability and significant achievements in their fields. There are three different categories within the EB-1 green card that you may transition to, which are:
- EB-1A Extraordinary Ability: The EB-1A and O-1 have the most similar criteria for meeting extraordinary ability, and you can self-petition.
- EB-1B Outstanding Professors and Researchers: This is more suitable for individuals who have received recognition for their research or teaching.
- EB-2 (National Interest Waiver) NIW: This option waives the labor certification requirement and allows for self-petitioning.
To apply for an EB-1 or other green card categories, an O-1 holder will need to file an I-140 petition along with supporting evidence showing his or her qualification for the requirements. If the principal O-1 visa holder applies for and gets a green card, this will pave the way for the O-3 spouse or child to become a green card holder.
Family-Based Green Card
As a secondary path to obtaining a green card, the F-2A (family-based) green card category is an immigrant visa that allows spouses and children of a permanent resident to become green card holders. After the O-1 visa holder obtains an employment-based green card, they will be able to sponsor their spouse or children for permanent residency.
How to Apply for An F-2A Green Card
Every year, at least 77% (114,200) of all family-based green cards are issued to applicants in the F-2 category. This means that being the spouse of a permanent resident will boost your chances of green card approval. To do so, the following steps must be taken:
- Step One: File the I-130 Petition
- Your permanent resident spouse will need to file an I-130 petition on your behalf. This is to establish your marital relationship and eligibility. Once the I-130 is approved, and your priority date is current (i.e., there is a visa available for you), you will be able to apply for a green card. The next step will depend on your location.
- Step 2: File the I-485 If You Are In the United States
- You will submit an I-485 application to adjust your status from non-immigrant to a green card holder. The form must be submitted to the USCIS with the necessary supporting documents.
- Step 3: Complete DS-260 Immigrant Visa Application If You Are Overseas
- To apply for an F-2A green card outside the U.S., you will need to complete a DS-260 online application and pay the processing fee. You will also need to schedule an interview at the U.S. embassy or consulate in your home country.
- Step 4: Complete the Medical Exam
- As part of the F2-A green card process, every applicant must undergo the immigration medical examination and vaccinations. The result will help determine your admissibility on health grounds.
- Step 5: Attend the Green Card Interview
- This is the last aspect of your F-2A green card application process. Ensure you attend the interview at the location, date, and time scheduled. Your punctuality, honesty, and attitude are crucial to your interview performance assessment by the immigration officers.
Next Steps to Apply for Your Visa
Being the spouse of an O-1 visa holder does not automatically guarantee you O-3 visa approval. Also, adjusting from O-1 or O-3 non-immigrant status to a green card holder is a complex process.
You must prove your eligibility and admissibility beyond a reasonable doubt. Failure to do so will ultimately lead to delay, rejection, or denial. This is why you should hire an experienced immigration attorney when processing a visa for your O-1 spouse.