You would have to file a new one under F2A. To be part of the same filing as yours, you would have had to be married at the time of filing I485 and he would have needed to file a separate derivative application.

From USCIS FAQ “Q. If I applied for adjustment of status as a principal applicant but my spouse or children did not apply at the same time as I did, may they apply for adjustment of status in the future? A. Yes, if they are otherwise eligible. Derivative family members may accompany or follow to join a principal applicant and may apply for adjustment of status (or an immigrant visa) while the principal applicant’s application is pending or after the principal applicant has become an LPR. However, the derivative family member must meet the eligibility requirements to file for adjustment of status, including that an immigrant visa is immediately available to them at the time they file their application. As a result, if a visa is no longer available to the family member due to retrogression or the application of a Final Action Date, they must wait for a visa to again become available before they are eligible for adjustment of status. If the principal beneficiary becomes an LPR and loses their LPR status or naturalizes before the derivative family member’s adjustment of status, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. A family member may be eligible for LPR status as the spouse, child, or adult son or daughter of a U.S. citizen. (Added 9/15/2023)”

As long as you marry before your 485 is approved, they are eligble to file 485 also. Your spouse will retain your priority date also. This was same as my spouses case. Married after 485 was pending for 3months, then filed their own 485 when my status was in CRP.

@T. G. in your case, your husband started from scratch right? it is my understanding. Did he keep your priority date?

@x y she had to start from the 485/131/765 submission process. she has done biometrics and we are waiting now.

@T. G. sorry I am little bit confused. So your husband started from I485 stage? Did he file it under F2A? if yes, I believe there is another stage like I130. did he also submit it?

@x y not under F2A but as a dependent of the employment based visa. she didn’t file any i130. she just used my i140 approval notice and filed her own i485/131/765.

one final question, is it after you get green card or during your pending I485?

and who is your lawyer firm? i reached to lawyer through this app, and they said it is not possible for him to file anything until you get GC.

during the pending i485. if a lawyer is telling you tha, you should go consult with another that knows what they are doing. @C 172 pasted this very scenario from the USCIS website above, and you can see that clearly, a derivative family member can be added provided the relationship exists before the approval of the i485 of the primary applicant.

Thanks for sharing. I did it on the App "Inmigra USA" the community of Immigrants in the United States. inmigrausa.com There are immigration lawyers and free collaborators. Stay up to date on news of interest to the Latino community. Search Inmigrate USA. I chose the Florida community, it looks like they are starting now, so I recommend you choose Florida. Busca inmigra USA el app del inmigrante, de verdad es muy buena tambien. Thanks!!!