245(i) After-Acquired Spouse: Eligibility, Derivative Status, and Process

A little-known corner of U.S. immigration law is still protecting certain mixed-status families in 2025. Section 245(i) of the Immigration and Nationality Act lets some people who entered the country without inspection apply for a green card inside the United States 🇺🇸 by paying a penalty, even if they have unlawful presence. The focus now is on the “after-acquired spouse” — a husband or wife who married the principal immigrant after the April 30, 2001 cutoff. They don’t get their own independent benefit, but they can still adjust status if they meet strict derivative eligibility requirements and their marriage remains valid at the moment of filing.

Under current policy, the rule is simple but unforgiving: if the principal immigrant is “grandfathered” under 245(i) because of a qualifying immigrant petition or labor certification filed by the April 30, 2001 deadline and that filing was “approvable when filed,” an after-acquired spouse may adjust only as a derivative. If the principal’s category allows no derivatives, or the marriage ends before filing, the door closes. Recent agency guidance and Board of Immigration Appeals references in 2023–2025 keep that line firm, creating a narrow but vital path for families who can keep the relationship intact through the process.

Policy clarifications and what they mean now

Officials have reaffirmed three pillars for an after-acquired spouse under 245(i) in updated policy materials and recent decisions:

• Grandfathering stems from the principal, not the spouse who married later.
  The principal must have a properly filed qualifying petition or labor certification on or before April 30, 2001, and it must have been “approvable when filed” — meaning it had real merit and was not frivolous at that time.

• Derivative-only path for the after-acquired spouse.
  The spouse cannot file independently under 245(i); they must “accompany or follow to join” the principal during adjustment. If the principal’s preference category does not permit derivatives, the benefit does not pass to the spouse.

• Continuing marriage at filing.
  The marriage must exist and be valid when the principal proceeds with adjustment. Divorce or legal separation before filing cuts off access to 245(i) for the after-acquired spouse.

USCIS policy materials updated in 2024 stress these points: the marriage must exist at the time of the principal’s 245(i)-based adjustment filing, and the spouse must move as a derivative, not an independent applicant. According to analysis by VisaVerge.com, these updates primarily clarify long-standing rules rather than expand them, meaning families should expect strict review of timing, marital status, and the original filing’s quality.

For context, 245(i) was designed as a time-limited fix to help certain long-pending cases proceed inside the United States in exchange for a penalty fee. The April 30, 2001 cutoff has never shifted. Congress has not revisited it, and there are no active proposals in 2025 to open new independent paths for after-acquired spouses. The board’s recent statements and agency manuals point in one direction: the benefit remains tightly circumscribed and derivative.

How the process works for families

For couples evaluating whether the after-acquired spouse can file inside the United States, the process centers on sequence, proof, and preserving the qualifying relationship.

Key steps and considerations:

1. Confirm the principal’s eligibility
   • The principal’s original immigrant petition (such as a family-based Form I-130) or labor certification must have been filed on or before April 30, 2001 and been “approvable when filed.”
   • Gather the receipt, any approval notice, and evidence that supports the strength of the original filing (contemporaneous documents, employer records, etc.).
2. Check derivative rules for the category
   • Some petition categories allow spouse derivatives; others do not.
   • If the underlying case category has no derivative benefit, the after-acquired spouse cannot use 245(i).
3. Validate the marriage
   • The marriage must have occurred after April 30, 2001 and be legitimate and ongoing when the principal files to adjust status.
   • Common evidence: marriage certificate, joint leases/mortgages, joint bank accounts, children’s birth certificates, photos.
4. File the correct forms the right way
   • The spouse files Form I-485, Application to Register Permanent Residence or Adjust Status, as a derivative, and includes Supplement A to request 245(i) treatment.
   • Filing concurrently with the principal or shortly after reduces timing risk because the relationship must still be intact at filing.
   • Form I-485 is available at the USCIS site.
   • Supplement A to Form I-485 is required to claim 245(i) eligibility and pay the additional fee.
5. “Accompany” or “follow to join”
   • The after-acquired spouse may file at the same time as the principal or later to “follow to join,” provided the marriage is still valid at the time of the spouse’s filing.
6. Pay fees and submit evidence
   • Along with standard filing fees, 245(i) requires a penalty fee through Supplement A.
   • Include proof of the principal’s qualifying filing (receipt or approval), proof of the marriage, and proof that the relationship continues.
7. Hold the relationship steady
   • If the marriage ends before the spouse’s adjustment filing, 245(i) benefits end for that spouse.
   • If the marriage ends after both file but before final adjudication, the case still faces risk. Seek legal counsel quickly if separation is possible.

Why many families pursue this path: 245(i) can avoid consular processing and unlawful presence bars, which can be triggered when someone leaves the U.S. after long periods without status. For someone who has built a life in the U.S., adjusting inside the country can prevent family separation and work disruption.

Experts in 2025 stress that timing is everything. Filing the principal’s adjustment and the spouse’s derivative package together — or as close together as possible — is often the safest course. Practitioners also advise keeping clear, updated records of the original 245(i)-qualifying filing and the ongoing marriage, since these points decide the case.

Human impact, risks, and what to watch

The line between protection and denial in 245(i) after-acquired spouse cases is thin. Common scenarios illustrate the stakes:

• A couple marries after the principal was grandfathered, has U.S.-born children, and relies on the principal’s petition to bring the spouse into lawful status. If they separate before filings are submitted, the spouse loses the derivative route and may face removal risks.
• If the underlying petition category does not allow derivatives, the spouse cannot “ride along” and must seek different relief.

Other practical concerns and risks:

• Standard adjustment checks still apply: medical exams, background screenings, and proof that the principal’s priority date is current or otherwise eligible.
• Employment-based cases require attention to job changes or restructuring that could affect eligibility.
• Older original filings may be weak or records hard to find. Because 245(i) requires an “approvable when filed” showing, assemble as much contemporaneous evidence as possible: receipts, notices, copies from past attorneys, employer records for labor certifications.
• When evidence is thin, attorneys may frame legal arguments to show the filing met the standard at the time.

Advocates note the current landscape offers clarity but little flexibility. The Board of Immigration Appeals has consistently kept the April 30, 2001 cutoff in place for derivative spouses. USCIS policy language in 2024 emphasized that after-acquired spouses adjust only as derivatives and must be “accompanying or following to join” the principal. No new law in 2025 expands that.

Important: No 2025 policy changes expand 245(i) for after-acquired spouses, and Congress has not moved the cutoff date. Expect officers to read the rule narrowly.

For authoritative policy detail, consult the USCIS Policy Manual, Volume 7 discussion of 245(i) grandfathering and derivatives in USCIS Policy Manual, Volume 7. It explains the “approvable when filed” concept, derivative status, and the “accompanying or following to join” requirement.

Practical steps couples can take now

• Build a simple timeline that shows the original filing date (on or before April 30, 2001), the marriage date, and expected filing dates for I-485 packages.
• Keep a living file of relationship evidence and update it every few months.
• Verify that the principal’s category allows derivatives and that a visa number is available or filing is otherwise permitted.
• Consider filing both the principal’s and spouse’s I-485 packages at the same time to reduce risk tied to marital timing.
• Seek legal help quickly if the relationship is in trouble, as divorce before filing ends the spouse’s 245(i) route.

Attorneys also warn against common mistakes:

• Filing the spouse’s I-485 without Supplement A.
• Failing to include proof of the principal’s 245(i) basis.
• Misunderstanding whether the principal’s category permits derivatives.

Each misstep can cause rejection or denial. Because 245(i) is a narrow exception, officers look closely for complete filings and clean eligibility.

Forms and official links

For current forms and to avoid out-of-date versions, use official USCIS links:

• Form I-485 — Application to Register Permanent Residence or Adjust Status
• Form I-485 Supplement A — Adjustment of Status Under Section 245(i)

VisaVerge.com reports that families still benefit when they keep a tight filing plan, maintain clear proof of the ongoing marriage, and avoid long gaps between the principal’s and spouse’s filings. That approach aligns with how officers apply the law today: consistent, by the book, and with heavy weight on the cutoff date, the derivative-only pathway, and marriage validity at filing.

For families who qualify, 245(i) often remains the only practical way to stay together and finish the green card process inside the United States — but it requires careful planning, solid evidence, and timely action.