O3 Visa

To qualify for an O3 Visa, first and foremost, you must be a dependent of someone that is in the US on an O category visa. Unfortunately, dependents do not extend to immediate family members such as siblings or parents. It is only inclusive of children who are unmarried and under the age of 21, a spouse, or a civil partner.

To be eligible to apply for this visa, you must be able to prove that you are in fact a spouse or child of the primary O category visa holder. This can come in the form of a birth certificate, adoption certificate, marriage certificate, or civil partnership certificate. These will need to be included in your documentation.

All applicants must have a clean criminal history in Canada and elsewhere, and they must have no history of ever having overstayed in the US on a previous visa, nor can they have violated any US immigration laws in the past.

You should begin the application process for your O3 Visa when your principal O Visa holder originally applies for their visa, or you can do so once their visa petition has been approved. Visa applications can be quite timely, so it is best to get a kickstart on the process and apply sooner rather than later.

Firstly, you will need to complete the online Form DS–160 Nonimmigrant Visa Application. This is a relatively quick form that includes questions about your personal information and the purpose of your visit to the US. Once you have submitted the form, you will get a confirmation page which you will need to print out. This is very important, as you will need to bring this alongside you to your visa interview, and any missing documentation could prolong your application.

Once you have paid the application fee of $205.00, you will then be able to schedule an appointment for your visa interview with the Embassy or Consulate in Canada. It may be convenient to organize this at the same time as the interview that the primary O Visa holder will need to attend, however, this may not always be a possibility. It is important that you take a copy of your paid invoice for the application fee alongside your other documentation.

The visa interview is an opportunity for you to prove to an immigration officer that you have a genuine relationship with the primary holder of the O visa, and that you have no intentions of overstaying your stay in the US. It is also your opportunity to prove your character and demonstrate that you have no intention of breaking US immigration law, and intend to move back to Canada once the visa has expired.

When attending your interview, make sure you take all of the required documents alongside you, including your interview confirmation letter, all supporting documentation requested, and any evidence that will help prove your intent and eligibility for the O3 Visa.

In order to have a successful application, you will need to supply a certain amount of documentation. Most of the documentation will revolve around evidence that the principal O Visa holder has the appropriate status, as well as proof of your relationship with them. Some of the required documents you will need to include are as follows:

• A completed and signed Form I-129
• The confirmation page that you printed when filling out your original online DS-160
• A copy of the approval notice given to your primary O Visa holder (if interviewing separately)
• A copy of your receipt from your application fee
• Proof of your relationship with the primary O Visa holder
• Evidence that you can sustain yourself financially whilst in the US
• A valid passport or travel document
• Your interview confirmation letter

You may also include any extra evidence that you believe will solidify your application and support your eligibility for the O3 Visa.

It is important that all of your documents are submitted in English. If the originals are in an alternative language, you will need to provide a certified translation of these at the time of your interview.

From the time that you submit your original application for your O3 Visa, to receiving your notice of approval, the processing time is usually about six weeks. However, like all other visas, some O3 Visa applications may take up to 3 months or more.

This is all dependent on the workload of the Embassy at the time, the quality of your application, and any individual circumstances that may raise any red flags. This is why it is so important to submit all requested documentation the first time around, as well as provide detailed information and evidence when applying for your O3 Visa.

The United States Citizen and Immigration Services (USCIS) will be able to update you on the status of your O3 Visa application. Alternatively, you can check for status updates on the Consular Electronic Application Center website.