Hi Ron, An alien, who is beneficiary of an approved I-140 in EB2 category for a visa backlogged country, is married with an unlawfully present immigrant from ROW country. The derivative would not be able to apply for AOS with the primary applicant and if traveled outside the US then the 10 years bar will apply. Can the primary applicant still invoke cross-charageability by filing I-485 and I-824 (for the derivative) together to take advantage of "follow-to-join" provision? I know your position from reading earlier posts that both the spouse should apply for visa at the same time. However, isn't that what is happening here: if the primary applicant is applying for AOS and requesting that the visa is issued to the derivative at a visa post at the same time? Also want to consider how "accompanying" or "accompanied by" i defined in 22 CFR 42.1: "Accompanying or accompanied by" means not only an alien in the physical company of a principal alien but also an alien who is issued an immigrant visa within 4 months of either the date of issuance of a visa to, or the date of adjustment of status in the United States of, the principal alien, or the date on which the principal alien personally appears and registers before a consular officer abroad to confer alternate foreign state chargeability or immigrant status upon a spouse or child. An "accompanying" relative may not precede the principal alien to the United States. Thanks Ron!