The Ninth Circuit has deferred to the regulation that requires a derivative spouse to be married to the principal U visa applicant on the date the U visa application is filed in order to qualify for derivative U nonimmigrant status. Judge Watford dissented, nothing the multitude of other places where “accompanying or following to join” spouses have been defined as those who are married to the primary applicant on the date the application for immigration benefits is granted, not on the date it is filed.
The full text of Tovar v. Zuchowski can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/17/18-35072.pdf
An amended opinion, reaching the same outcome, can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/02/12/18-35072.pdf