Can a trafficking survivor marry and apply for T derivative status for their spouse after filing their I-914?
Yes! The T visa regulations allow a T-1 applicant who marries after having filed their I-914 to file an I-914A for their spouse. For the spouse to be eligible for T derivative status, the marital relationship must exist at the time the I-914 is adjudicated. 8 CFR § 214.211(e)(4)(ii); 3 USCIS-PM B.4(D)(2). Additionally, all derivatives must be admitted into T nonimmigrant status before the T-1 adjusts to permanent residence. 8 CFR § 214.203(b); 3 USCIS-PM B.10(E).
Unlike in the U visa program, there is no I-929 process for a T-1 nonimmigrant to petition for any additional derivatives at the adjustment stage, so it is important to assess for potential derivatives at the outset of the legal case so the survivor can decide who they want to include in their T visa case.
For more information on T derivative status, please see the following resources:
- CAST advisory, T Derivatives & Age-Out Protections
- CAST FAQ, T Visa Derivatives
- USCIS Policy Manual, Part B, Vol. 3, Chapters 4 & 5
- T visa regulations: 8 CFR § 214.211
- CAST T Visa Checklist
For further questions, consider seeking individual technical assistance.
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Updated August 2025
