EB-2 NIW derivative spouse: husband filed I-485 on Sept 30 while current, I didn't. Can I still file, and when?
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Hi all, hoping someone can help.
Our situation:
My husband is the principal on an EB-2 NIW (Rest of World). His I-140 was approved, priority date is June 2026.
He filed his I-485 online on September 30, 2026, the last day of FY2026, when EB-2 ROW was still Current. (He has the submission confirmation dated September 30.)
I'm his derivative spouse. I'm in the US on F-1. I did NOT file my I-485 with him, I was planning to file later.
The October bulletin retrogressed and EB-2 ROW is March 15, 2026 on that chart, which is earlier than our priority date.
My question is, since he already filed while we were current, can I file my I-485 now as his derivative, or do I have to wait until our priority date becomes current again?
Thanks in advance!
u/Glorious_Rainbow — 14 days ago