Can a Spouse and Children of an E-3 Visa Holder Apply for Visas to the US?
I am the primary E-3 visa applicant, can my spouse and children obtain E-3 visas to come with me to the United States?
Yes, spouses and unmarried children under the age of 21 of an E-3 visa holder are eligible to apply for dependent visas to accompany or join the E-3 visa holder in the United States.
An E-3D visa is a dependent visa for the spouse and unmarried children under the age of 21 of an E-3 visa holder. The E-3D visa allows them to accompany or join the E-3 visa holder in the United States for the duration of the primary E-3 visa applicant’s stay.
To apply for an E-3D visa, the following requirements must be met:
- Relationship: The applicant must be the spouse or unmarried child under the age of 21 of an E-3 visa holder. Evidence of the relationship, such as a marriage certificate or birth certificate, must be provided.
- Validity of E-3 visa: The E-3 visa holder must have a valid E-3 visa and be maintaining their status in the United States.
- Proof of financial support: In some cases, the applicant may have to provide evidence of financial support while in the United States.
- Intention to return: In some cases, the applicant may have to show strong ties to their home country, indicating their intention to return after the visa period expires.
Applications for E-3D visa made from outside the US are made directly to US Embassy or Consulate. Applications for E-3D visa made while the applicant is inside the US are made on Form I-539: Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS). We regularly deal with US Embassies and Consulates around the world and can help you and your family in both cases. Contact us here to schedule a consultation
Eligibility to work in E-3D visa for spouses
The children of an E-3 visa applicant are not eligible to work in the United States. However, the spouses are. Recent changes in USCIS policy made it easier to apply for work by removing a requirement to apply for work authorization once arriving in the US.
No Australian Citizenship is necessary for E-3D visa for spouses and children
Eligible family members do not need to be Australian citizens to qualify for E-3D dependent status. However, the E-3 primary applicant must be an Australian citizen.
Agint out children in E-3D visa
A child can no longer stay in the U.S. as an E-3D dependent after turning 21. In order to remain in the U.S., the child must change to a different nonimmigrant visa status (e.g., F-1 student, B-2 visitor, or whatever category is available to them). Contact us here to schedule a consultation to discuss all available options.
Proof of relationship and other considerations of E-3D visa
To apply for an E-3D visa, you must prove to the consular officer that you have a legitimate relationship with the E-3 visa holder. This can be done by providing a marriage certificate for spouses or a birth certificate for dependent children. The US does not accept De Facto relationships as qualifying for a spouse; a marriage certificate is required. Other considerations may be reviewed during the E-3D application process, like marriage validity, past criminal history, immigration history, or previous overstay in the US. Contact us here to schedule a consultation for all of your E-3 visa questions.