Applying 485 without family

[imtosr]

My 485 date is current for filing and I heard that PD will be retrogressed to AUG 2007 in May 2012. My situation is my wife is in India and will be here in end of April 2012. I think I will miss the PD when she arrive here.

I want to know if I can apply for myself now and apply for them separately in May 2012 even though my PD will not be current at that time.

[JoeF]

No, the PD has to be current when filing an I-485 for your wife, even if you have filed an I-485 for yourself before.

Your wife should change her travel plans.

[Belle]

You may apply on your own. Your PD must be current for your family to file, too.

[trackit]

I do not have the same condition; but is it imperative for the family to be in the country when their 485, 131 and 765 are being filed? If so, why? I am wondering on the rationale. As long as the primary applicant is in the country and can file on their behalf, it seems like the family should be all set.

I believe Belle has said this, I am just asking because JoeF's answer seems to indicate otherwise.

[JoeF]

I do not have the same condition; but is it imperative for the family to be in the country when their 485, 131 and 765 are being filed?

Yes.

If so, why?

The I-485 is Adjustment of Status. A person by definition only has a status while in the US. So, filing AOS is by definition only possible if the person is in the US.

If a person with a pending I-485 leaves the US without AP (I-131) in hand, the I-485 is considered abandoned by law, unless the person has a valid H or L visa.

As long as the primary applicant is in the country and can file on their behalf, it seems like the family should be all set.

No, that is wrong. And the primary applicant never files on somebody else's behalf. The dependent has to file on his or her own, always.

I believe Belle has said this, I am just asking because JoeF's answer seems to indicate otherwise.

I don't think Belle ever said anything what you imply.

[Belle]

I do not have the same condition; but is it imperative for the family to be in the country when their 485, 131 and 765 are being filed? If so, why?

You are not asking the same question. You can file your I-485. They can file their I-485s when they are back in the US and your PD is current. This condition is the same for you and them.

[trackit]

Got it - thanks, J and B!