Can family members be included in I-485 later?

[can99]

Hi,

I'm considering to apply for AOS from TN, but since my family is still in Canada can I apply for myself now and later in summer include them in my application, or do I have to do a brand new application for them? Does this mean they will lose all benefits of being include in my case and have to apply under family based, which means I can't do that before I'm getting my GC?

I appreciate your help!

 

[nelsona]

Each family member submits their own AOS (i-485). Yours is based on your company's sponsorship, theirs is based on yours. Their case will still be under the Employment-based category. They don't need to file at the same time as you, they don't even have to file before you get GC.

To file I-485 they need to be in the US at the time of filing, and need to stay in US until the AP (received about three months after filing I-485 with I-131). You may have to consider doing Consular GC if it is not convenient for them to spend 3 or 4 solid months in US.