After Acquired Spouse in T Visas?

Can I apply for a spouse after the T visa is approved? Is there an equivalent to the U Visa I-929?

Important Update: The T Final Rule was released on April 30, 2024, updating regulations impacting T and T AOS applicants. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating our trainings, advisories, and other materials to reflect the new regulations. We appreciate your patience during this transition period and encourage you to review the new regulations and our advisory, Overview of the 2024 T Visa Final Rule, while we update our resources.

Thank you for your understanding.

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The T visa does not have an exception for an after-acquired spouse. However, the USCIS Policy Manual at Vol. 3, Part B, Ch. 4.D.2 was updated in 2021 to reflect the decision in Medina Tovar v. Zuchowski, 982 F.3d 631 (9th Cir. 2020) which allows for principals who marry while their application is pending to apply for their spouse even if the relationship did not exist at the time of filing. 

For additional information, review ASISTA, CLINIC & ILRC’s Practice Alert Regarding Certain U and T After-Acquired Cases (June 11, 2021).

 

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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