Can my spouse and children receive SIVs?

Summary

Afghan SIV applicants can apply for themselves, their spouse, and unmarried children under 21 years old. This guide explains how you can include your spouse and children on your SIV application. 

If your spouse and children are in Afghanistan and you want to know about departure assistance, see the State Department’s Afghan Family Reunification website here.

Afghan and Iraqi SIV holders can also apply for some relatives through the Priority 3 program .Click here to read IRAP's guide on P-3. 

This guide has different sections for applicants in different situations. Read the section that describes your situation.

You are outside of the U.S. applying for an SIV and you are with your spouse or children 

When you apply for COM approval, list your spouse and children on your form DS-157. If you have to file an I-360, list your spouse and children on the form. 

After your DS-157 or I-360 is approved, the National Visa Center (NVC), nvcsiv@state.gov, will email you information about completing a DS-260 visa application for each family member listed on your DS-157 or I-360. You should complete visa applications for your spouse and children at the same time that you complete yours.

For more information on the DS-260 process see IRAP’s guide here. For more information on the visa interview process see IRAP’s guide here.

You are outside of the U.S. applying for an SIV and you married or had a child after you applied

If you already applied for the SIV but need to add a family member to your file, the steps that you should take will depend on the stage of your application. 

• If you are waiting for COM approval, you do not need to take any steps now and can include your spouse or child during the next step of the process. 
• If you filed an I-360 petition and are waiting for a decision, you do not need to take any steps now and can include your spouse or child during the next step of the process.
• If you are filing or have filed a DS-260 visa application, email NVC at NVCSIV@state.gov about your new spouse or child. They should allow you to file a new DS-260 visa application for them. 
• If you already had a visa interview but you have not traveled:
• Immediately contact the U.S. embassy or consulate where your interview took place. Tell the embassy or consulate that your new spouse or child should be added to your application. 
• If your child was born after you received your visa but before you travel to the United States, contact the U.S. embassy or consulate immediately. Your child should not need a visa to accompany you.

You are applying for an SIV from outside of the U.S. and you are in a different country than your spouse or child

If your spouse and children cannot attend a visa interview with you, then they will need to apply for their SIVs after you receive an SIV and immigrate to the U.S. This is called a “follow-to-join SIV”. 

When you are applying, you should still list your spouse and children on your application forms. Read the section below “You received an SIV outside of the U.S. and immigrated to the U.S., but your spouse and children are still outside of the U.S.” for information on how to obtain follow-to-join visas after you immigrate to the U.S.

You received an SIV outside of the U.S. and immigrated to the U.S., but your spouse and children are still outside of the U.S.

Your spouse and unmarried children under 21 can apply for follow-to-join SIVs. 

To receive a follow-to-join SIV, your spouse must have married you before you immigrated to the U.S. 

Your unmarried child under 21 years old can receive a follow-to-join SIV if either of the following is true: 

• Your child was born before you immigrated to the U.S., or, 
• Your child was born after you immigrated to the U.S. but you married your child’s parent before you immigrated to the U.S. 

After you receive your SIV and immigrate to the U.S., email the National Visa Center at nvcsiv@state.gov. Include your case number, your date of birth, the name of your spouse and/or children, and their dates of birth. Attach to the email a scanned copy of your issued visa and your spouse and/or children’s passports, tazkeras and marriage certificate (if applicable) with certified English translations. Tell the NVC the embassy or consulate where they will interview for an SIV. NVC will likely ask you to provide any civil documents about your family relationship.  Civil documents include marriage certificates, birth certificates, and tazkeras. If a document is not available, explain to NVC why it is not available.

If your spouse and children are in Afghanistan and want to know about the U.S. government’s departure assistance, see the State Department’s Afghan Family Reunification website here.

Next Steps

Your spouse and children will need to apply for SIVs. They will need to complete the DS-260 visa application process and visa interview. For more information on the DS-260 process see IRAP’s guide here. For more information on the visa interview process see IRAP’s guide here.

Bring copies of any civil documents include marriage certificates, birth certificates, and tazkeras to the interview. The interviewer may ask them questions about the details of the family relationship, such as the date and location of your marriage, and dates of birth of your children. 

You entered the U.S. through parole and are applying for an SIV, and your spouse and children are in the U.S. 

If you are in the U.S. and applying for an SIV, then after you receive COM approval or, if required, I-360 approval, you will have to apply to “adjust status” and receive a green card. 

IRAP’s guide on applying for a green card based on the Afghan SIV process is here.

The form to apply to adjust status is called an I-485. If your spouse and children are with you, when you file your I-485, you should include their I-485 applications with your application packet. If your I-485 has already been approved, then they can also file their own I-485 applications.

You entered the U.S. through parole and are applying for an SIV, and your spouse and children are outside of the U.S.

Your spouse and children outside of the U.S. cannot apply for follow-to-join SIVs until your I-485 adjustment of status application is approved. 

The State Department has announced that Afghan parolees and TPS holders can request family reunification assistance. However, as of November 2022, the State Department has not yet provided details on how to apply. You can review the State Department’s Afghan Family Reunification website here.

You entered the U.S. through parole and your application to adjust status was approved, but your spouse and children are outside of the U.S.

Your spouse and unmarried children under 21 can apply for follow-to-join SIVs. 

To receive a follow-to-join SIV, your spouse must have married you before your application for adjustment of status through the SIV process.

Your unmarried child under 21 years old can receive a follow-to-join SIV if either of the following is true: 

• Your child was born before you adjusted status in the U.S., or, 
• Your child was born after you adjusted status in the U.S. but you married your child’s parent before you adjusted status in the U.S.

After you adjust status you must file a form I-824, Application for Action on an Approved Application or Petition, with USCIS. USCIS’s webpage for the form I-824 is here. 

What is the purpose of the I-824 form?

The I-824 form requests that USCIS notify the National Visa Center (NVC) that the principal applicant's I-485 petition has been approved, which will allow the principal applicant's spouse and/or children to apply for follow-to-join visa applications.

The application is free to file

You do not have to pay to file your I-824 application. Write “AFGHAN SIV OPERATION ALLIES WELCOME” on every page of your application. This will help the U.S. government know that you do not have to pay a fee. 

What if I do not understand a question on the form?

If you are not sure how to fill out part of the form, you should speak to an immigration attorney. You can search for free or low cost immigration legal services providers in your area here.

Important things to know about filing the I-824 application 

If you submitted the I-485 form to adjust status through SIV eligibility and you are beginning the follow-to-join visa process for your spouse and/or children, then on Part 2 of the I-824 application you should select box 1c, "USCIS to notify a U.S. Consulate through the NVC about my adjustment of status to permanent resident in the United States."

What to submit with your I-824 application

When you file the I-824 application, you must include a copy of your approval notice (form I-797) that you received for your I-485 adjustment of status application. 

Where to mail your I-824 application

You can mail the I-824 application through the U.S. Postal Service to: 

USCIS

Attn: NFB

P.O. Box 21281

Phoenix, AZ 85036-1281

 

If you use FedEx, UPS, or DHL delivery, the form should be mailed to:

USCIS

Attn: NFB (Box 21281)

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ 85034-4850

Next Steps

After you apply, you should receive a receipt notice (form I-797) from USCIS with a receipt number. You can then check your application’s status online here.

If your I-824 is approved, the National Visa Center (nvcsiv@state.gov) will email you information on how your spouse and children can apply for follow-to-join visas.

Your spouse and children will need to complete the DS-260 visa application process and visa interview. For more information on the DS-260 process see IRAP’s guide here. For more information on the visa interview process see IRAP’s guide here.

At the interview, your spouse and children will need to provide any civil documents about your family relationship.  Civil documents include marriage certificates, birth certificates, and tazkeras. The interviewer may ask them questions about the details of the family relationship, such as the date and location of your marriage, and dates of birth of your children. 

If your spouse and children are in Afghanistan and want to know about the U.S. government’s departure assistance, see the State Department’s Afghan Family Reunification website here.

You married your spouse after you immigrated or adjusted status through the SIV process, or your child does not qualify for a follow-to-join SIV

To receive a follow-to-join SIV, your spouse must have married you before you adjusted status or immigrated on an SIV. 

Your unmarried child under 21 years old can only receive a follow-to-join SIV if either of the following is true: 

• Your child was born before you adjusted status in the U.S., or, 
• Your child was born after you adjusted status in the U.S. but you married your child’s parent before you adjusted status in the U.S.

If your spouse and/or children do not qualify for a follow-to-join SIV, you may still be able to submit an I-130 for them. IRAP’s guide on submitting an I-130 is here.

Your child was less than 21 years old when you applied for an SIV but is now over 21 years old

If your child was under 21 years old when you applied for an SIV but turned 21 during the SIV application process, they may still qualify for an SIV or follow-to-join SIV. Because the law is complicated, you may want to speak with an immigration attorney about the details of your case. 

The U.S. government will look at whether your child was under 21 years old when you filed your SIV petition. If you are required to file an I-360, then the U.S. government will look at whether your child was under 21 years old on the date that you filed an I-360. If you are not required to file an I-360, then the U.S. government will look at whether your child was under 21 years old on the date that you filed a DS-157.

If your child turned 21 after you filed your SIV petition, then it is important that you file a DS-260 visa application or a form I-824 for your child within a year after your petition was approved. If you are in the U.S., you can file a form I-824 at the same time as you file your I-485 application to adjust status. If you do not file an application within a year, your child who turned 21 may not remain eligible for an SIV.

You did not list your spouse or child in your application

If you did not include your spouse or child on a document that you filed, this could impact your application. You may want to speak with an immigration attorney about your options.