Derivative application

[madras90]

My wife is out of the country until the end of the year. My PD is still not current to apply for I-485, but between August and November if my PD gets current I will apply. If my wife comes back to the US in December, can she send her I-485 as my derivative even if there is a sudden retrogression in my PD at that time or she has to wait for my PD to become current again to apply? Thanks.

 

[mmed]

My wife is out of the country until the end of the year. My PD is still not current to apply for I-485, but between August and November if my PD gets current I will apply. If my wife comes back to the US in December, can she send her I-485 as my derivative even if there is a sudden retrogression in my PD at that time or she has to wait for my PD to become current again to apply? Thanks.

Derivative or principal can not apply for I-485 unless there is current PD at the day the USCIS receive the application. If the time retrogressed again whoever left without application can not do it at that time