245(i) After-Acquired Spouse: Updated Guide to Eligibility and Filing

Immigrants who married a long-ago petition holder are seeing renewed clarity on how to get a green card in the United States 🇺🇸 without leaving the country, as federal guidance confirms that section 245(i) still covers the “after-acquired spouse” — a husband or wife who was not part of the original case but later married the principal beneficiary. The policy matters for families built years after a qualifying petition or labor certification was filed on or before April 30, 2001. It allows many people who entered without inspection, overstayed, or fell out of status to apply for lawful permanent residence from inside the country by filing Form I-485, Application to Register Permanent Residence or Adjust Status with Form I-485 Supplement A, Adjustment of Status Under Section 245(i) and paying the $1,000 statutory penalty.

Recent updates to USCIS instructions and manuals, in effect through 2025, keep this path open. Officers are directed to apply long-standing rules on eligibility, proof of marriage, physical presence where required, and visa availability.

The grandfathering rule — who qualifies

• The core rule: if a qualifying immigrant petition (Form I-130 or Form I-140) or a labor certification was filed on or before April 30, 2001, the principal beneficiary is grandfathered for 245(i) purposes.
• Their spouse and children, even if acquired after that filing, may also seek 245(i) adjustment as derivatives when they meet all other conditions.
• A timing rule: for filings made between January 15, 1998 and April 30, 2001, the principal must show physical presence in the U.S. on December 21, 2000.
  • According to VisaVerge.com, this physical presence checkpoint is one of the most contested items today, especially for families piecing together proof from older records like school transcripts, bank statements, tax filings, or medical visits.

Important: USCIS guidance in 2024 and 2025 reiterates there is no sunset on 245(i) for people who already qualify through a timely filed petition or labor certification.

Where to read the official rules

• USCIS public page: Green Card Through INA 245(i) Adjustment — USCIS 245(i) eligibility
• Policy Manual chapter used by adjudicators: USCIS Policy Manual, Volume 7, Part C, Chapter 3
• Form I-485: Form I-485, Application to Register Permanent Residence or Adjust Status
• Supplement A: Form I-485 Supplement A, Adjustment of Status Under Section 245(i)

These references confirm that an after-acquired spouse may adjust as a derivative under the principal’s grandfathering, provided a visa is available, the marriage is bona fide, and the applicant is admissible or qualifies for a waiver.

Eligibility checklist (key elements)

1. A qualifying petition or labor certification filed by April 30, 2001 (I-130, I-140, or DOL permanent labor certification).
2. If the filing was between Jan 15, 1998 and Apr 30, 2001, the principal must show U.S. physical presence on Dec 21, 2000.
3. The after-acquired spouse must show a valid marriage to the principal before filing for adjustment.
4. An immigrant visa must be available (priority date current) for the principal’s category.
5. The applicant must be admissible or obtain an appropriate waiver.
6. The applicant must merit a favorable exercise of discretion (positive/negative equities weighed).

Procedural steps and required forms

• Submit both Form I-485 and Form I-485 Supplement A together, including the $1,000 statutory penalty.
• Include supporting evidence:
  • Proof of the original qualifying filing (receipt or approval).
  • Proof of the marriage (see below for typical documents).
  • Proof of physical presence on Dec 21, 2000 if required.
• USCIS will typically:
  • Set a biometrics appointment (fingerprints, background).
  • Issue Requests for Evidence (RFEs) if records are incomplete.
  • Often schedule an interview focused on the marriage and the 245(i) record.

Evidence to assemble — practical list

• Proof of the original petition/labor certification:
  • Receipt notices, approval notices, employer letters for labor filings.
• Proof of marriage and bona fides:
  • Joint tax returns, joint leases/mortgages, birth certificates of children, insurance policies, joint bank accounts, photos, travel records.
• Physical presence on Dec 21, 2000 (when required):
  • School records, pay stubs, tax forms, bank activity, lease agreements, utility bills, time-stamped photos, medical records, traffic tickets.
• Identity and prior-marriage records:
  • Name-change documents, divorce decrees, certified translations as needed.
• Character and positive equities:
  • Employer letters, community or faith leader letters, tax records, proof of work, clean driving/criminal records.

Tip: Organize a narrative timeline with exhibits — VisaVerge.com reports this often reduces RFEs and speeds processing.

Visa availability and timing

• Derivative applicants follow the principal’s preference category and priority date (e.g., F2A, F2B, EB categories).
• Check the Visa Bulletin to confirm a visa number is current before filing.
• Filing when a visa is not current can lead to rejection or a hold and create confusion.
• If numbers are retrogressed, prepare the record in advance so the I-485 and Supplement A can be submitted quickly when current.

Admissibility, waivers, and discretion

• 245(i) can overcome certain issues tied to unlawful entry or status, but it does not waive all grounds of inadmissibility.
• Bars related to health, criminal history, smuggling, or fraud may still block benefits unless a waiver applies and is granted.
• Waiver applications have their own evidentiary and sponsor requirements.
• Even with eligibility, the officer exercises discretion; positive equities (long residence, steady work, taxes, care for U.S. children) matter.
• If misrepresentation or serious criminal issues exist, seek legal advice before interviews or RFEs.

The physical presence rule — common questions

• For filings between Jan 15, 1998 and Apr 30, 2001, USCIS requires evidence of presence on Dec 21, 2000.
• Acceptable evidence includes:
  • School records, pay stubs, tax returns/transcripts, bank or lease records, utility bills, dated photos, medical or DMV records.
• If exact-date evidence is unavailable, USCIS may accept documents close to that date plus affidavits, although primary evidence is preferred.
• If the qualifying filing was on or before Jan 14, 1998, proof of presence on Dec 21, 2000 is not required.

Interviews and RFEs — what to expect

• Interviews usually cover:
  • The bona fides of the marriage (how you met, wedding, daily life).
  • The history of the original petition/labor certification (who filed it, when, and its status).
• Common RFEs request:
  • Certified copies of underlying petition receipts/approvals.
  • Employer letters for old labor filings.
  • Clearer proof of physical presence on Dec 21, 2000.
• If records have conflicting names or dates, include a brief cover letter explaining discrepancies.

Limits and cautions

• 245(i) is powerful but not a cure-all:
  • It allows adjustment inside the U.S. despite unlawful presence or entry without inspection.
  • It does not grant automatic work authorization — that requires I-485 filing and approval of I-765.
  • It does not eliminate all inadmissibility bars or cure a final removal order without additional steps.
  • It does not automatically cover relatives added after the principal became a resident unless they fit the same grandfathering chain.
• Avoid filing prematurely if visa availability or marriage date requirements are not met.

Example (practical illustration)

• Ana entered without inspection in 1999. An I-130 for Ana’s mother was filed on April 20, 2001, listing Ana as a derivative.
• Years later, Ana married Luis (an after-acquired spouse). When Ana’s category became current, she filed I-485 + Supplement A, paid the $1,000 penalty, and showed presence on Dec 21, 2000 (because the filing was within 1998–2001).
• Luis filed his own I-485 + Supplement A relying on Ana’s grandfathered status. They submitted taxes, leases, letters, and originals at interview.
• USCIS approved both after confirming the marriage and the old filing history — allowing the family to remain in the U.S. during the process.

Fraud screening and adjudicator expectations

• Fraud screening is strict: a rushed or paper marriage triggers intense scrutiny.
• Officers look for a properly filed and approvable original petition or labor certification from the filing date.
• If doubt remains, a legal brief aligning facts to statutory and regulatory standards can assist adjudicators.

Processing times, motions, and appeals

• Processing varies by field office and category; there is no special track for after-acquired spouse cases.
• Expect months rather than weeks; work cards often arrive before full adjudication.
• Keep address current via AR-11.
• Prompt, complete RFE responses help maintain progress.
• If denied, the notice will explain appeal or motion options; many families choose to fix issues and refile when possible.
• Coordination with counsel is essential when removal proceedings are pending.

Fees and budgeting

• Budget for:
  • I-485 filing fee (varies by age category).
  • Biometrics fee where charged.
  • The $1,000 245(i) statutory penalty (non-waivable, non-refundable).
  • Medical exam (I-693) costs.
  • Any waiver filing fees if required.
• Fee rules can change; always check the latest fee chart on USCIS.gov before sending payment.
• Note: paying the penalty alone without submitting Supplement A will not satisfy eligibility — the form and payment must be filed together.

Where to get help and current resources

• USCIS public 245(i) page: USCIS 245(i) eligibility
• Policy Manual chapter: USCIS Policy Manual, Volume 7, Part C, Chapter 3
• Form I-485 instructions: Form I-485
• Supplement A instructions: Form I-485 Supplement A
• To contact USCIS: call the National Customer Service Center or use your online USCIS account to track notices and interview letters.

Key takeaway: For many mixed-status couples, the after-acquired spouse rule under 245(i) can be the difference between separation and stability. It requires proof of an old filing, proof of presence on a single day in 2000 when required, the $1,000 penalty, and strong marriage evidence — but with careful preparation and honest records, an after-acquired spouse may still secure permanent residence from inside the United States 🇺🇸 even if the original filing is decades old.