How do I add my spouse or child to my SIV application?

Summary

Afghan SIV applicants can apply for themselves, their spouse, and unmarried children under 21. If you married or had a child after you applied, this guide explains how to add your family members to your file. If you did not list your relatives when you applied, read this section below.

This guide does not cover evacuation from Afghanistan. It covers the legal process of including your spouse and child to your SIV application if you are applying for an SIV from outside of the U.S. or received an SIV outside of the U.S. 

This guide does not cover how SIV applicants who were paroled into the U.S. and received asylum or adjusted status through an I-485 can reunite with their families abroad.

If 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. This information applies whether you married a spouse or had a child.

• If you have not yet received COM approval,, you do not need to take any action. 
• If you have received COM approval but have not yet submitted a visa application (DS-260) then:
  • If you applied before July 2022 and you are not sure if you have to submit an I-360 petition, read IRAP’s guide here. If you are required to submit an I-360, then you can include your new spouse or children on your I-360 if you have not yet submitted it. IRAP’s guide on the I-360 is here. If you have already submitted an I-360 but have not yet received a decision, then email USCIS at the email address used to submit your I-360 to inform them of the new family relationship.
  • If you do not need to submit an I-360, or your I-360 is approved, and you have not yet submitted your DS-260 application, you can include your spouse and children on your DS-260 and inform the NVC at (NVCSIV@state.gov) that you need to add your spouse or child to your petition. 
  • You will also be asked for documents relating to your family members at the DS-260 stage. IRAP’s guide on the DS-260 is here.
• 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 the petition. 
  • 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.
• If you already were admitted to the United States on an SIV (not parole) and you want to add your spouse:
  • If you married your spouse before you were admitted to the United States, contact the U.S. embassy or consulate where the interview took place to request a follow-to-join visa. You can also submit an I-130 for your spouse. IRAP’s guide on an I-130 is here.
  • If you married your spouse after you were admitted to the United States, you can submit an I-130 for your spouse. IRAP’s guide on an I-130 is here.
• If you already were admitted to the United States on an SIV (not parole) and you want to add your child and:
  • You are the birth mother of the child; you are a U.S. lawful permanent resident; and you are returning for the first time to the U.S. and within two years of the birth of your child, contact the U.S. embassy or consulate immediately. Your child should not need a visa to accompany you.
  • If the above does not apply, and if you and your spouse who is the birthing parent were married before you were admitted to the United States, contact the U.S. embassy or consulate where the interview took place to request a follow-to-join visa. You can also submit an I-130 for your spouse. IRAP’s guide on an I-130 is here.
  • If the above does not apply, and if you and your spouse were married after you were admitted to the United States, or if you and the birthing parent are not married, then you can submit an I-130 for your child. IRAP’s guide on an I-130 is here.
  • Your child was born before you were admitted to the United States, contact the U.S. embassy or consulate where the interview took place to request a follow-to-join visa. 
  • Your child was born after you were admitted to the United States and:

If 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. If you want to speak directly with the government, contact the agency listed above for the step where your application is.