Guides

Can my spouse and children come too? How EB-3 family members are included

Updated October 13, 2026 · Reviewed by Oscar Yip, Global Immigrate

Family of four with a suitcase ready to move

Yes, in general. A spouse and unmarried children under 21 can usually be included in your EB-3 case as derivatives, with the same category and priority date. The child must be under 21 and unmarried when the green card is issued. Children born later and spouses married after you become a permanent resident are treated differently, so confirm your situation with an immigration attorney.

For most people, the first question about EB-3 is not about the job. It is whether a husband, wife or children can come too. In general they can. This article explains who counts as a family member in an EB-3 case, the age rule that catches many families, and what documents to prepare. Every family is different and nothing here is legal advice or a promise of any result.

Who can be included

When an employer sponsors a worker under EB-3 Other Workers, the worker is the "principal beneficiary". The worker's spouse and unmarried children under 21 are "derivative beneficiaries". They do not need a separate job offer or a separate petition. They share the principal's category and the same priority date, so they are subject to the same Visa Bulletin wait. Visas for the whole family count against the same annual limit, which is one reason the wait can be several years.

Family members are generally processed together, and they usually travel to the United States with you or after you. A derivative must still qualify as an individual, which includes the medical exam and the interview (see what the exam and interview involve).

The "under 21 and unmarried" rule

A child, for immigration purposes, is generally someone who is unmarried and under 21 at the time the green card is issued. If a child turns 21 or marries before then, they may no longer count as a derivative. Because the wait for a visa can last several years, a child who is 16 or 17 today may be close to the limit.

The Child Status Protection Act (CSPA) can protect some children from "ageing out" by calculating the child's age in a particular way. How it works depends on dates in your own case, so we do not try to explain it in full here. If you have a child aged 15 or older, ask an immigration attorney early whether CSPA may apply.

Children born later, and marriage after the green card

Situation	General position
Spouse you are married to now	Usually a derivative, if the marriage is genuine and recognised
Unmarried child under 21	Usually a derivative; the age is checked when the green card is issued
Child born after you have applied	May be able to join the case; the rules depend on timing, so check
Child who marries or turns 21 first	May lose derivative status, subject to CSPA
Spouse you marry after you become a permanent resident	Not a derivative; usually needs a separate family-based petition with its own wait

If you plan to marry or have a child while the case is pending, tell your attorney first. The timing can change which family members can be included and how.

Documents to prepare

Passports for every family member, valid for the period required at the interview
Marriage certificate, plus proof that any earlier marriage has ended (divorce or death certificate)
Birth certificates for each child, showing the parents' names
Police certificates for applicants who are old enough, from the places where they have lived for a period of time and from their country of nationality
Translations of any document not in English, as instructed by the National Visa Center or the consulate

Names, dates and spellings must match across documents. A mistake in a birth date or a different romanisation of a name can cause delays, so check them early. If a document is missing or was never issued, ask the consulate's official guidance for what it accepts instead rather than buying a document from an intermediary.

Cost and honesty

Each family member has their own fees and exam costs, so a family case costs more than a single case. Who pays what is explained in who pays EB-3 costs. No genuine employer or lawyer can promise that your family will be approved. Be careful of anyone who offers to "add" a spouse or child who is not really yours, or to arrange a marriage. That is fraud, and it can result in a permanent bar for everyone in the case.

If you want to talk through your family's situation, contact us and ask an immigration attorney to review your dates and documents. You can also read who qualifies for EB-3 Other Workers.