USCIS allows filing of a spouse's U-2 visa even marriage happens after a principal's U visa filing


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.


Disclaimer: The above content is published for the public education instead of providing legal advices. Should you have any specific questions, please schedule an attorney consultation with our office here or email us at customer@ailegallaw.com.

980 views0 comments