You can now include your new spouse on your pending U-visa petition
Denice Flores • November 17, 2022
Do you have a pending U visa petition with USCIS? Did you recently marry and want to include your immigrant spouse to your pending U visa petition? No problem. We can assist you with the process.
On December 3, 2020, the Ninth Circuit Court of California heard the case Medina Tovar v. Zuchowski, and held that after-acquired spouses of U visa principal applicants (U-1) are eligible to “join” or be included in their spouses’ pending U visa petition. The court’s ruling changed USCIS’ requirement that the spousal relationship exist at the time of filing Form I-918, Petition for U Nonimmigrant Status or U visa petition with USCIS.
Prior to this new ruling, if a U visa principal applicant filed his/her U visa petition and then married, the principal applicant could not add or include his/her spouse to the pending U visa petition. Instead, the principal U visa applicant and his/her spouse would have to wait until the U visa petition was adjudicated by USCIS, followed by a minimum wait time of 3 years (which is the minimum time a U visa beneficiary must hold U Nonimmigrant status before being eligible to adjust status to a lawful permanent resident), then filing the appropriate adjustment of status petition in order to file Form I-929, Petition for Qualifying Family Member of a U-1, to petition for his/her spouse to be included in the case. Note, the U visa principal applicant should have at least filed his/her adjustment of status petition with USCIS and received receipt notices because copies of the receipt notices should be included with Form I-929. However, Medina Tovar, reduces the wait time significantly and the process.
Medina Tovar, allows U visa principal applicants who marry while their U visa is already pending before USCIS to file Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient, to include his/her spouse to the petition as a qualifying family member. The principal applicant no longer has to wait to include his/her spouse at the adjustment of status stage.
If you have any questions about after-acquired spouses in a U visa case and what this can mean for you and your new spouse, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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