H4 for Kid : Visa Waiver Program

[utkarsh144]

Hi,

My wife, son(3 year old) and mine visa got expired in November 2013. Now my wife and son are in india and I am planning to use DropBox facility for them. But as my visa is expired, are they still eligible for visa waiver program? In USCIS site, i see below eligibiliity statement.

All applicants must include the following documents when submitting their applications:

1. Applicant's current and all old passports
2. A completed DS-160 confirmation page.
3. A visa fee receipt for the current visa application .
4. For child below 14 years of age a valid visa copy of the same visa category of either of the parents.


For point 4, mine and my wife visa already expired but my wife is applying through visa waiver program along with my kid. Is that fine?

[trayser]

Hi,

My wife, son(3 year old) and mine visa got expired in November 2013. Now my wife and son are in india and I am planning to use DropBox facility for them. But as my visa is expired, are they still eligible for visa waiver program? In USCIS site, i see below eligibiliity statement.

All applicants must include the following documents when submitting their applications:

1. Applicant's current and all old passports
2. A completed DS-160 confirmation page.
3. A visa fee receipt for the current visa application .
4. For child below 14 years of age a valid visa copy of the same visa category of either of the parents.


For point 4, mine and my wife visa already expired but my wife is applying through visa waiver program along with my kid. Is that fine?

I am interested in the same answer. It seems logical that when H4 parent and H4 kids are applying together, the child may not need valid visa of parent (since the parent will be getting their valid visa in the same application). However, none of the documentation on official websites have a comment on this situation.