245(i) After-Acquired Spouse: Derivative Eligibility in AOS

First, the detected linkable resources in order of appearance:
1. USCIS Policy Manual – 245(i) Grandfathering (policy)
2. Form I-485, Application to Register Permanent Residence or Adjust Status (form)
3. USCIS Policy Manual – 245(i) Grandfathering (uscis_resource)
4. Form I-485, Application to Register Permanent Residence or Adjust Status (uscis_resource)

I have added up to the allowed maximum of 5 .gov links, linking only the first mention of each resource in the article body text and preserving all existing content, structure, and links.

Families with deep roots in the United States 🇺🇸 are again asking how far the law still stretches for those who entered without inspection but later became eligible to seek permanent residence through a family or job sponsor. As of September 21, 2025, INA Section 245(i) remains a narrow but powerful path for people who otherwise can’t file for adjustment of status inside the country. The most pressing questions now focus on the “after-acquired spouse” problem—what happens when the principal person who’s “grandfathered” under 245(i) marries after the April 30, 2001 cutoff date?

The answer, shaped by statute, Board of Immigration Appeals rulings, and practice guidance, is consistent: after-acquired spouses are not independently “grandfathered”, but they can often still adjust as derivative beneficiaries if they lock in the marriage and the timing around the principal’s adjustment application.

How 245(i) works in brief

• 245(i) allows certain people who entered the U.S. without inspection or who are otherwise barred from adjusting under normal rules to still apply for adjustment of status if a qualifying petition was filed on or before April 30, 2001.

• That qualifying filing (a family-based petition, labor certification, or employment-based petition) confers “grandfathered” status on the principal beneficiary.

• The law also covers the principal’s spouse and child who existed as part of the family on or before the cutoff date.

• If a spouse married the principal after April 30, 2001, or a child was born after that date, that family member is not “grandfathered.” They may nonetheless adjust only as a derivative, meaning their application depends on the principal’s pending or approvable 245(i) adjustment.

Timing, filing sequence, and why they matter

The timing of the marriage and the sequence of filings are critical:

• For an after-acquired spouse to benefit from 245(i) as a derivative, the marriage must exist when the principal files for adjustment, or the spouse must properly “accompany” or “follow to join” the principal’s case.

• If the principal files first and the marriage happens later, the derivative path can close.

• If the principal’s immigration category does not allow derivatives, there is no back door for the spouse through 245(i).

These rules reflect how Congress wrote the statute and how courts and immigration agencies have interpreted it—strict but predictable.

Important: The principal beneficiary must meet a separate physical presence requirement tied to December 21, 2000. That requirement applies only to the principal, not to derivative spouses or children.

This distinction has saved many families from dead ends: an after-acquired spouse does not have to prove presence on December 21, 2000, if adjusting as a derivative.

Legal and policy clarifications

• Federal case law and Board of Immigration Appeals decisions (for example, Matter of Estrada (2013)) have clarified that after-acquired spouses are not “grandfathered,” but can still adjust as derivatives if timing and relationship requirements are met.

• Despite those rulings, practice can be uneven. Some agency materials or field offices may echo older interpretations that blur derivative qualifications. That gap can require careful documentation and legal argument.

• Advocates and practitioners press for consistent application across field offices, citing Board precedent when adjudicators question derivative eligibility.

• The USCIS Policy Manual – 245(i) Grandfathering remains a central reference for adjudicators and attorneys on 245(i) “grandfathering.” The manual can lag behind case law in language at times, but it is the main training source. See: USCIS Policy Manual – 245(i) Grandfathering.

Practical filing sequence for after-acquired spouses

In practice, after-acquired spouses can only join the principal’s 245(i) path as derivatives. Key points for filing:

1. The principal must have a qualifying petition filed on or before April 30, 2001 (family- or employment-based or labor certification).

2. The principal must meet the December 21, 2000 physical presence rule where required.

3. The principal’s underlying category must allow derivatives.

4. The after-acquired spouse must either:

   • File Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time as the principal, or
   • File the I-485 later as a “follow to join” derivative while the principal’s adjustment case remains pending and approvable.
5. The marriage must remain valid through the date USCIS approves the spouse’s green card.

If any of these pieces is missing—especially the principal’s qualifying filing or derivative allowance—the after-acquired spouse typically cannot adjust under 245(i).

For the actual application: Form I-485, Application to Register Permanent Residence or Adjust Status.

Divorce, aging-out, and independent rights

• A spouse who was married on or before April 30, 2001 is themselves “grandfathered.” That status survives divorce and can allow the spouse to pursue their own adjustment under 245(i) independently of the principal.

• An after-acquired spouse does not have that independent cushion. Their eligibility depends entirely on the principal’s 245(i) adjustment and the ongoing marital relationship.

• If a couple divorces during adjudication, the derivative spouse generally loses the 245(i) benefit, because derivative status depends on a valid marriage through approval.

Three checkpoints every family should confirm

• Confirm the principal’s 245(i) base: a qualifying filing by April 30, 2001 and, if required, proof of presence on December 21, 2000.

• Confirm marriage timing and derivative eligibility: ensure the spouse’s status as an after-acquired derivative is recognized—either by filing together or by properly following to join.

• Maintain the relationship through approval: the marriage must remain valid up to the grant of the green card.

Common practical scenarios

• A principal with a qualifying 1990s filing who marries in 2005: the spouse is not grandfathered, but can adjust as a derivative only if the derivative I-485 is properly linked to the grandfathered principal’s case and the principal’s category allows derivatives.

• If the principal’s underlying basis does not permit derivatives: the spouse cannot “ride along” under 245(i), even if married before approval.

• If USCIS denies a derivative on grounds that conflict with Board precedent, counsel commonly file briefs and appeals relying on cases like Matter of Estrada and other BIA rulings.

Practical tips and where to get help

• Document and link the marriage at the right moment. If filing together is possible, do so. If not, confirm whether the spouse can properly “follow to join.”

• Gather old records proving the qualifying filing by April 30, 2001 and, where relevant, presence on December 21, 2000. Attorneys and accredited representatives can help reconstruct filings if records are missing.

• Confirm with counsel that the principal’s category allows derivatives before attempting to add a spouse under 245(i).

• If an unfavorable decision relies on an outdated interpretation, seek legal help to appeal or request review based on current BIA precedent.

Community legal clinics and advocacy groups regularly assist families to verify eligibility, gather evidence, and press for consistent agency application of the law.

Why it matters

245(i) can be the difference between adjusting status inside the U.S. and facing consular processing with potential bars and long delays. For many long-settled families, that difference affects employment, schooling, and stability.

The central theme remains: 245(i) protects those who had the right filing at the right time, but it draws a firm line for after-acquired spouses. They cannot be grandfathered independently, yet they can succeed as derivatives when:

• the marriage exists when the principal files or the spouse properly follows to join,
• the principal’s category allows derivatives, and
• the relationship endures through approval.

For official references, see the USCIS policy entry and the I-485 form:

• USCIS Policy Manual – 245(i) Grandfathering
• Form I-485, Application to Register Permanent Residence or Adjust Status

Key takeaway: Dates and filings matter. If you or your family may qualify, confirm the principal’s 245(i) base, verify derivative eligibility, document the marriage and filings carefully, and seek legal assistance if USCIS relies on outdated interpretations.