In an employment-based green card case, only the worker files an immigrant petition, but the spouse and children can immigrate with them. The USCIS Policy Manual explains that "the spouse or children of a preference immigrant can accompany or follow to join the principal beneficiary," and because they have no separate basis to adjust, "they derive their status from the principal and are therefore known as derivatives" (USCIS Policy Manual, Vol. 7, Part A, Ch. 6).
As of October 23, 2026, the rules that matter most are about timing: when the marriage happened, when each family member adjusts, and how old the children are. This guide applies to PERM-based EB-2 and EB-3 cases and to EB-2 NIW; our separate guide covers EB-1 derivative family members.
- A spouse or child of a preference immigrant can accompany or follow to join the principal and receive the same priority date and classification.
- The marriage must exist when the principal adjusts status or is admitted as a permanent resident, and must continue until the spouse adjusts.
- A child must have been acquired before the principal became a permanent resident and must still be a child, under 21 and unmarried or protected by the CSPA.
- USCIS cannot approve a derivative's I-485 before the principal has permanent resident status.
- Derivatives who receive status within six months of the principal are generally treated as accompanying; there is no deadline for following to join.
- If the principal loses permanent residence or naturalizes before the derivative adjusts, the derivative loses eligibility.
- A child born after the principal's green card can still be a derivative if born of a marriage that existed when the principal became a resident.
Who counts as a derivative spouse?
A spouse qualifies if three conditions are met. The Policy Manual says a derivative spouse "may be accorded the same priority date and classification as the principal" provided (USCIS Policy Manual, Vol. 7, Part A, Ch. 6):
- The marriage existed when the principal adjusted status or was admitted as a permanent resident.
- The marriage still exists when the derivative spouse adjusts status.
- The principal is still a permanent resident when the spouse adjusts.
That means a marriage after the I-140 is filed, or even after it is approved, still works, as long as it takes place before the worker becomes a permanent resident. A marriage after that date does not create a derivative; the new spouse would need a family-based petition.
Which children qualify?
The rules are similar, with an age test. A derivative child must have been acquired before the principal became a permanent resident, must still be "unmarried and under 21 years old" or otherwise protected by the Child Status Protection Act (CSPA), and the principal must still be a permanent resident when the child adjusts (USCIS Policy Manual, Vol. 7, Part A, Ch. 6).
Two details help families:
- A baby born later can qualify. A child born after the principal's green card "may accompany or follow to join the principal as a derivative if born of a marriage that existed at the time" the principal became a resident (same).
- Age is checked again at the end. The officer may run CSPA age calculations at final review to confirm the applicant "remains a child by definition" (same).
For Indian and Chinese families in long backlogs, the second point is the risk: a young teenager at filing can reach 21 before the priority date is current, which is why the CSPA calculation matters.
Can my spouse file an I-485 and get a work permit?
Generally yes. Once a visa is available for your category and priority date, a derivative spouse in the United States who is otherwise eligible to adjust can file their own Form I-485. The I-485 fee for an applicant 14 or older is $1,440 on paper, and $950 for a child under 14 filing with a parent (USCIS, Form G-1055, edition 10/16/26). A work permit filed with a pending I-485 costs $260 (same); our guide to the work permit while an I-485 is pending explains how it works.
The derivative's case cannot finish first. The Policy Manual says "USCIS cannot approve the Form I-485 for a derivative applicant until the principal applicant has been granted lawful permanent resident status," except for U nonimmigrants, asylees and refugees (USCIS Policy Manual, Vol. 7, Part A, Ch. 6).
What does "following to join" mean?
It describes family members who immigrate after the principal. The State Department generally treats a spouse or child as accompanying if they receive a visa or adjust "within six months" of the principal, and USCIS notes that "there is no specific time period during which a derivative must follow to join the principal" (USCIS Policy Manual, Vol. 7, Part A, Ch. 6).
Following to join is common when the worker adjusts in the United States while the family is abroad, or when a child is still finishing school. A family member abroad applies for an immigrant visa at a US consulate, with the same priority date and classification as the principal. Our explainer on country of chargeability covers how the visa queue works by country.
There is one condition to watch. If the principal "loses his or her permanent resident status or naturalizes prior to the derivative's adjustment," the derivative is no longer eligible as an accompanying or following-to-join family member (USCIS Policy Manual, Vol. 7, Part A, Ch. 6). Do not naturalize before your family has immigrated as derivatives without checking the effect first.
What happens to the family if the principal's case changes?
Everything follows the principal. If the principal changes jobs under AC21 portability, the officer reviews whether the principal's I-140 remains valid and the job offer exists (USCIS Policy Manual, Vol. 7, Part A, Ch. 6), and the derivatives' cases depend on that outcome. Our guide to AC21 job portability explains how the principal keeps the case alive through a job change.
The relationship itself must also last. The Policy Manual says failure to maintain the qualifying relationship "disqualifies the applicant in most cases" (USCIS Policy Manual, Vol. 7, Part A, Ch. 6). A divorce before the spouse adjusts ends the derivative claim.
| Situation | Effect on the derivative |
|---|---|
| Married before the principal becomes a resident | Eligible as a derivative |
| Married after the principal becomes a resident | Not a derivative; needs a family petition |
| Child born after the principal's green card, of a marriage that existed then | Eligible as a derivative |
| Child turns 21 and CSPA does not protect | Loses derivative eligibility |
| Principal naturalizes before the derivative adjusts | Loses derivative eligibility |
| Principal's I-485 still pending | Derivative's I-485 cannot be approved yet |
What this means for your family
Map the family's dates against the principal's case at the start, not near the end.
- If you plan to marry, know that the marriage must exist before you become a permanent resident for your spouse to be a derivative.
- For each child, note the 21st birthday and have the CSPA age calculated early.
- File derivatives' I-485s with yours when the Visa Bulletin allows, so work permits and travel documents run together.
- If family members are abroad, plan their consular processing before you consider naturalizing.
Where to start
If your family's timeline depends on how fast your own green card moves, our free evaluation at /evaluate/ shows whether a self-petition such as EB-1A or NIW could shorten the wait, and Frank, our AI assistant at /frank, finds real opportunities for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 23, 2026.
- USCIS Policy Manual, Volume 7, Part A, Chapter 6 (current as of October 2, 2026). Derivatives; accompanying and following to join; spouse and child conditions; children born later; no approval before the principal; effect of naturalization; maintaining the relationship; CSPA review; continuing validity of the I-140.
- USCIS, Form G-1055 Fee Schedule (edition 10/16/26). I-485 and I-765 fees.
Frequently asked questions
Can my spouse get a green card through my EB-2 or EB-3 case?
Yes. Under the USCIS Policy Manual, a derivative spouse receives the same priority date and classification as you, provided the marriage existed when you adjusted status or were admitted as a permanent resident, the marriage still exists when your spouse adjusts, and you remain a permanent resident at that time. Your spouse files their own I-485 but does not need a separate immigrant petition.
What if I get married after my I-140 is approved but before my green card?
Your spouse can still be a derivative, because the test is whether the marriage existed when you became a permanent resident, not when the I-140 was filed or approved. Your spouse can file an I-485 with yours or later, as long as a visa is available. If you marry after you become a permanent resident, your spouse is not a derivative and generally needs a family-based petition instead.
Can my spouse's green card be approved before mine?
No. The USCIS Policy Manual says a derivative may not be granted permanent residence before the principal, because the derivative has no eligibility apart from the principal's, with narrow exceptions for refugees, asylees and U nonimmigrants. If your case is delayed, your family's cases wait with it. If your case is denied, theirs fail too, unless they have another basis.
How long does my family have to follow to join me?
There is no fixed deadline. The State Department generally treats a derivative as accompanying if they receive a visa or adjust within six months of the principal, and USCIS says there is no specific time period during which a derivative must follow to join. The family relationship and your permanent resident status must still exist when they immigrate, and a child must still qualify as a child.
What happens if my child turns 21 before the green card?
A derivative child must still qualify as a child, meaning unmarried and under 21, or be protected by the Child Status Protection Act. USCIS may check the CSPA age again at final review to confirm the applicant remains a child. The CSPA has its own age formula and does not cover every situation, so have your attorney run the calculation early for any child approaching 21.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
