Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, your spouse cannot file his or her derivative I-485 adjustment of status application, even if you had just recently married. The principal applicant’s priority date must be current in order for the derivative applicant to submit an I-485 adjustment application. If the spouse is in the United States, the spouse must wait for the priority date to become current before s/he can file the I-485 adjustment application. In the meantime, the spouse must maintain valid underlying nonimmigrant status while waiting for the priority date to become current.
