Filing i-485


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Can I file I-485 for my family at a later stage than myself?


So if I file my I-485 in the first week of September, can I file for my family during the first week of October?


Or do they have to be filed simultaneously?


Please note that my I-140 was approved before my marriage. So my wife/child was not part of my initial petition.


Appreciate the feedback.

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  • 2 weeks later...

It does not matter if your spouse and child are not mentioned on your I-140 application (IMHO this is a purely data collection effort by USCIS). 


There are several advantages of filing together. What is your priority date retrogresses next month. Like JoeF mentioned, you can only file when your PD is current. if luck would have it and you get your GC in the meanwhile, your spouse and kid will be out of status and apply in Family based category which has a huge backlog of its own.


Contact an immigration attorney and they might explain things better

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