Starting a new life and job in a place as unique as the Commonwealth of the Northern Mariana Islands (CNMI) is a major step. For many who make this move on a CW-1 work visa, the most important question is, “Can my family come with me?” The answer lies in the CW-2 visa, a special category created to help keep families together in the CNMI. It allows spouses and children to live in the CNMI alongside the CW-1 worker, turning a work assignment into a shared family experience.
Navigating any immigration process can feel like a puzzle, with forms, documents, and rules to understand. At Remitly, our goal is to help you piece that puzzle together with clear, straightforward information. This guide is structured to do just that for the CW-2 visa. We’ll walk you through who is eligible, what documents you’ll need, how to apply, and tips to make the process as smooth as possible for your family.
What is the CW-2 visa and who is it for?
The CW-2 visa is a non-immigrant dependent visa exclusively for the immediate family of a CW-1 transitional worker in the CNMI.
Defining the CW-2
The CW-2 visa allows the legal spouse and minor children of a principal CW-1 visa holder to lawfully reside in the CNMI. The status of a CW-2 dependent is entirely contingent on the CW-1 worker; if the CW-1 worker loses their status, the CW-2 dependents do as well.
Purpose of the CW-2
The main goal of the CW-2 visa is family unity. It provides a legal mechanism for CW-1 workers to live with their immediate family members during their temporary employment period in the CNMI. This stability is often essential for the well-being of the worker and their family.
Who qualifies for CW-2 status?
To be eligible for a CW-2 visa, you must be:
- The legal spouse of a valid CW-1 visa holder
- An unmarried child under the age of 18 of a valid CW-1 visa holder
Unlike many other US dependent visas that have an age limit of 21 for children, the CW-2 category has a strict cutoff age of 18. Once a child turns 18, they are no longer eligible for CW-2 status and would need to find an alternative visa category to remain in the CNMI legally.
The crucial link: the CW-1 visa holder
As we mentioned, the CW-2 applicant’s eligibility is completely dependent on the CW-1 worker. The CW-1 principal must have a valid, approved petition and maintain their legal status in the CNMI for their dependents to be eligible for and maintain CW-2 status.
Required documentation for the CW-2 application
A complete and accurate document package is the foundation of a successful CW-2 application. You will need to provide papers for each dependent applicant as well as documents from the primary CW-1 worker.
Core documents for every CW-2 applicant
- Valid passport: Each family member applying must have their own valid passport.
- Completed and signed Form I-539 Application to Extend/Change Nonimmigrant Status: Even for initial applications, this is the primary form used. This form can be complex, so read the instructions carefully. One form includes multiple family members (e.g., a spouse and children). Additionally, each individual applicant will file Form I-539A to be included with the primary I-539 application.
- Proof of relationship: This is essential to prove you are a qualifying dependent. If documents are not in English, you must provide a certified English translation.
- For spouses: a government-issued marriage certificate
- For children: a government-issued birth certificate or legal adoption decree
- I-94 arrival/departure record: a copy of each applicant’s current I-94, if they are already in the CNMI.
Supporting documents from the principal CW-1 worker
You must include evidence that the primary family member has valid CW-1 status. This includes:
- A copy of the CW-1 worker’s Form I-797 Approval Notice for their Form I-129CW petition
- A copy of the CW-1 worker’s passport and visa stamp (if applicable)
- A copy of the CW-1 worker’s I-94 record, showing their lawful admission
- A recent letter from the CW-1 worker’s employer confirming their continued employment
- Recent pay stubs to demonstrate the ongoing employment and ability to financially support the family
The CW-2 application process: A step-by-step guide
The process is primarily handled through the U.S. Citizenship and Immigration Services (USCIS) by filing Form I-539.
Step 1: Complete and compile the application package
Gather all the required documentation listed in the “Required documentation” section above and organize it clearly.
Step 2: Pay the required fees and submit to USCIS
The application requires a filing fee for Form I-539 and a separate biometrics services fee for each applicant. These fees are non-refundable. Check the official USCIS website for the most up-to-date fee amounts and the correct mailing address for submission.
Step 3: Attend the biometrics appointment
After USCIS receives your application, each applicant will be scheduled for a biometrics appointment at a designated Application Support Center (ASC), where fingerprints and a photograph will be taken for background checks.
Step 4: Await a decision
USCIS will make a decision on your application. Processing times can vary significantly and may take several months. You can check estimated processing times on the USCIS website. If the USCIS needs more information, they may send a Request for Evidence (RFE), which must be responded to by the given deadline.
Tips for a successful CW-2 application
A proactive and careful approach can significantly improve your chances of a smooth process.
File applications concurrently
Whenever possible, the Form I-539 for the CW-2 dependents should be filed at the same time as the employer’s Form I-129CW petition for the CW-1 worker (or their extension). This helps ensure that the entire family’s status is processed together and granted for the same period of time.
Ensure all documents are official and complete
Use only official, government-issued marriage and birth certificates. Photocopies should be clear and legible. If translations are required, use a certified translator. Incomplete or unofficial documentation is a common reason for delays.
Plan for processing times and avoid status gaps
USCIS processing can take a long time. If you are applying for an extension, file the application well before your current status expires to avoid any period of unlawful presence. A lapse in status can have serious consequences.
Understand the financial requirements
The application must demonstrate that the CW-1 worker earns enough to support their family members in the CNMI. Include recent pay stubs and a letter from the employer detailing the CW-1 visa holder’s salary.
CW-2 visa validity, renewals, and key limitations
The CW-2 status is temporary and comes with strict rules.
CW-2 status duration
The term of CW-2 status is tied directly to the CW-1 worker’s authorized period of stay, which is usually up to one year. If the CW-1 worker’s status ends, so does the status of their CW-2 dependents.
The annual renewal process
To stay beyond the initial year, dependents must apply for an extension. This requires the employer to file a new petition to extend the CW-1 worker’s employment, and the dependents must file a new Form I-539 to extend their CW-2 status.
Work, study, and travel limitations
Work authorization: CW-2 visa holders are not authorized to work in the CNMI under any circumstances. Unauthorized employment is a serious violation of US immigration law.
Study authorization: CW-2 dependents are permitted to study. This allows children to enroll in K-12 schools and for spouses or children to pursue other educational opportunities.
Travel: If a CW-2 dependent needs to travel outside the US or CNMI, they may need to obtain a CW-2 visa stamp from a US embassy or consulate before they can return, especially if their initial application was a change of status filed from within the CNMI.
Common challenges and solutions for CW-2 applicants
Being aware of potential hurdles can help you prepare a stronger application.
Insufficient or unclear relationship documentation
This is a common reason for a Request for Evidence (RFE) or denial. Ensure that your marriage and birth certificates are official, government-issued documents. If they are not in English, provide a certified English translation along with a copy of the original document.
Missing deadlines for form submission or fee payments
An application can be rejected due to simple administrative errors. Track deadlines carefully, especially when filing for an extension. Ensure you are submitting the correct fee amounts. It’s best to file the I-539 for dependents at the same time the employer files the I-129CW for the worker to ensure continuity of status.
Confusion about application forms or eligibility criteria
The process can be confusing, especially CNMI-specific requirements. Read the official USCIS instructions for Form I-539 very carefully. Don’t rush the process. If you are unsure, consider consulting with an experienced immigration professional.
FAQs
Who qualifies for a CW-2 visa?
The legal spouse and unmarried children under the age of 18 of a principal CW-1 transitional worker who has valid status in the CNMI.
Can dependent children over 18 apply for the CW-2 visa?
No. A child must be under the age of 18 to qualify for and maintain CW-2 status. Once an individual turns 18, they “age out” of this visa category and must find an alternative way to remain in the CNMI legally.
What documents do spouses need to prove their relationship for the visa?
Spouses need to submit an official, government-issued marriage certificate. If the certificate is not in English, a certified English translation must also be provided.
How long does the CW-2 visa application process take?
The processing time for the Form I-539 at USCIS can take several months. Applicants should check the official USCIS website for the most current processing time estimates for this specific form and service center.
Can CW-2 visa holders work or study in the CNMI?
CW-2 visa holders cannot work. However, they are permitted to study, which allows children to attend school and spouses to enroll in educational programs.