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 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 submitted the I-360:
• If you are waiting for COM approval or for a COM appeal, you do not need to take any action. 
• After you receive COM approval, you will be asked to submit an I-360. At that time, include information about your spouse and children in your I-360. IRAP’s guide on the I-360 is here. 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 submitted the I-360 but you have not yet received a decision:
• Contact USCIS immediately to inform them that you need to add your spouse or child to your petition.
• If your I-360 was approved but you have not yet had a visa interview:
• Contact USCIS and the NVC (NVCSIV@state.gov) immediately to inform them that you need to add your spouse or child to your petition.
• 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 traveled to the United States 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 traveled to the United States and  you want to add your child and:
• 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:
• 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.

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.