Can I get a derivative EAD from my fiancee's EAD status?

Asked about 2 years ago - San Francisco, CA


My Fiancee is on an EAD status( which she got through her U1 Visa) valid till 2016. We are planning our marriage early next year. Can I apply for a derivative EAD after marriage? If so how long does it take and what is the process?

Please advice and we can discuss further.



Attorney answers (3)

  1. Shah Iqbal Nawaaz Peerally

    Contributor Level 19


    Lawyer agrees

    Answered . I will agree with my colleagues for a no answer. I will also recommend looking into other options by contacting an immigration lawyer.

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is... more
  2. Stanley Dale Radtke

    Contributor Level 14

    Answered . Short answer is no, you will not qualify as a derivative or U-3 status as you were not married to the principal at the time the petition was approved.

    However, you should consult with an experience immigration attorney to obtain an actual legal opinion on your question, which you will not receive from a website.

    Stanley Dale Radtke, Esq. 415-480-4529. The statement above is general in nature, as not all the facts are known.... more
  3. Justin G. Randolph

    Contributor Level 16

    Answered . It's possible to get derivative status under a U but I'm not totally familiar with the process. I'd call a local attorney or even immigrant assistance foundation who helps with U visas for assistance.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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