It was a long standing policy that the USCIS required a spousal relationship exist at the time the Form I-918 U visa is filed in order for the spouse to be eligible for classification as a U-2 spouse dependent.
On December 3, 2020, in Medina Tovar v. Zuchowski, the 9th Circuit Court held that after-acquired spouses of U visa petitioners are eligible to "accompany or follow to join" the U-1 principal applicant through the I-918A petitioning process.
The U.S. Citizenship and Immigration Services is adopting the decision issued by the 9th Circuit Court in Medina Tovar v. Zuchowski for a nationwide application. Therefore, you may now file for your spouse's U-2 dependent visa even if the marriage happens after the filing of your U visa petition.
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