Differen people may have different understanding of certain immigration laws and you need to make a decision by yourself.
http://us-non-immigrants.blogspot.com/2011/07/understanding-section-245k-to-use-it.html
The following was cited from above link (Page 1):
Common question asked by many primary I-485 applicants who had previously filed I-485 Adjustment of Status (AOS) application, which is still pending with USCIS, is about adding their spouses or children (derivatives) to their pending I-485 application. Since for some oversubscribed countries cut-off dates tend to retrogress, such derivatives can only be added to their I-485 case after their priority dates become current again. At this point there is always a concern among the petitioner that their case will be approved before their derivatives application would reach USCIS. Most of these derivatives during this time are on non-immigrant status like (H4, F4, J4 etc) and can become out of status as soon as primary applicants I-485 is approved.
Under such cases individual can still file I-485 application for adjustment of status under Section 245(k) of INA. In order to use Section 245(k) for a case where Primary applicant is approved before derivative applicants file reaches USCIS, these two following criteria should be met :
- Primary applicant should be married to spouse or be father/mother of a derivative child before I-485 approval.
- Derivative applicants should have last entered in US lawfully on a non-immigrant status and has since their last lawful admission to the United States have not, for an aggregate period of more than 180 days violated their status. (see below for details)
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