The spouse will not be able to gain U-2 status until the U-1 applicant starts the process of becoming a lawful permanent resident (three years from the time of U approval).. In order to derive U status, the couple needed to have been married at the time of the original filing.
This general advice does not create an attorney-client relationship.
I agree with my colleague.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.