Filing I-485 when beneficiary is outside of US on Vacation

[Immigeek]

Hello Forum Members

I would like to clarify this situation and possibly get your thoughts on this scenario and what would happen.

When the priority date opens up,Is it possible to file I485 for a dependant when the depenendent is outside of the US on Vacation. Or, is it mandatory for the dependent to be in the US for being included as part of the I485 application.

This might sound hypothetical or even vague, but I am hoping to plan for mitigation as I might end up in a possible similiar situation.

Thanks Again.

[JoeF]

An I-485 can only be filed if the person is in the US.

A dependent is never included in the primary applicant's I-485. A dependent always would have to file his or her own I-485, based on the primary applicant's I-130 or I-140.

[Belle]

First, no it is not possible to file I-485 for a dependant unless dependant is a minot. Every adult must file I-485 themselves. Second, they must be physically in the US at the time of filing.