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CONCURRENT I-130 and
I-485 FILING

Concurrent I-130 and I-485 Filing: For U.S. Citizens Marrying Foreign Nationals in the U.S.

When a U.S. citizen marries a foreign national who is already in the United States on a valid non-immigrant visa, they have the option to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. This process allows the foreign spouse to apply for a green card (lawful permanent residence) without having to leave the United States. Concurrent filing can significantly streamline the immigration process, offering several advantages for both the U.S. citizen and the foreign spouse.

Benefits of Concurrent Filing

  • Faster Processing Times: One of the key benefits of concurrent filing is the potential for faster processing. Because USCIS processes the I-130 petition and the I-485 application together, the overall time it takes to obtain a green card can be significantly reduced compared to sequential filing.
  • Work Authorization and Travel Permission: Concurrent filing allows the foreign spouse to apply for employment authorization (Form I-765) and advance parole (Form I-131) simultaneously with the I-485. This means that while their green card application is pending, the foreign spouse can legally work in the U.S. and travel internationally without abandoning their application.
  • Avoiding the Need to Leave the U.S.: With concurrent filing, the foreign spouse can remain in the U.S. throughout the entire process. There is no need to return to their home country to apply for a green card, which can be particularly advantageous in maintaining family unity and avoiding potential travel complications.
  • Maintaining Legal Status: Even if the foreign spouse’s current visa is nearing expiration, filing the I-485 provides them with a pending application status, allowing them to remain in the U.S. legally until a decision is made on their green card application.

Eligibility Requirements for Concurrent Filing

To be eligible for concurrent filing, several conditions must be met:

  • Valid Marriage: The marriage must be legally recognized and valid under U.S. law. This includes providing proof of the marriage such as a marriage certificate, photographs, joint financial documents, and affidavits from friends and family.
  • Current Visa Status: The foreign national spouse must be physically present in the United States on a valid non-immigrant visa (e.g., student visa, tourist visa, work visa) at the time of filing. It is important that the foreign spouse has not overstayed their visa or fallen out of status, as this could complicate the adjustment of status process.
  • Immediate Relative Category: The foreign spouse must be classified as an "immediate relative" of a U.S. citizen. Immediate relatives (spouses, parents, and unmarried children under 21) have the advantage of visa numbers always being available, which means their green card applications are not subject to annual quotas or waiting lists.

How Our Law Office Helps You Obtain a Concurrent I-130 and I-485 Filing

Navigating the concurrent I-130 and I-485 applications can be complex and challenging, but our law office is here to provide comprehensive support and guidance every step of the way. Here's how we can assist you in obtaining a concurrent I-130 and I-485 filing:

Initial Consultation and Assessment

  • Detailed Evaluation: We conduct a thorough initial consultation to assess your eligibility for concurrent filing, understanding your unique situation and relationship dynamics.
  • Customized Plan: Based on our evaluation, we create a personalized plan that outlines the steps and timeline for your Form I-130 and Form I-485 application process.

Documentation Preparation

  • Document Checklist: We help you compile comprehensive evidence to support your petition and adjustment of status application. We provide a detailed checklist of all required documents, ensuring you know exactly what is needed.
  • Evidence Collection: Our team assists you in gathering comprehensive evidence to prove the bona fide nature of your relationship, proof of your marriage, such as joint financial records, photographs, correspondence, and affidavits from friends and family.
  • Form I-130 and Form I-485 Preparation: We help you accurately complete Form I-130 and Form I-485, ensuring all information is correct and complete to avoid delays. We take care of all the paperwork, so you don’t have to worry about missing any important details.
  • Filing for Work Authorization and Travel Documents: We assist in filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) alongside your I-485. This allows you to work legally in the U.S. and travel while your green card application is pending.

Filing and Communication

  • USCIS Submission: We handle the submission of your Form I-130 and Form I-485 with supporting documents to USCIS, making sure everything is properly filed and tracked.
  • Case Monitoring: Our team monitors the status of your application, keeping you informed of any updates and progress.
  • Communication with USCIS: We handle all communications with USCIS on your behalf, including responding to Requests for Evidence (RFEs) if they arise. We keep you informed of any updates or changes in your case status and ensure that USCIS has all the information they need to process your application.

Interview Preparation and Biometrics Appointment

  • Biometrics Appointment Preparation: We guide you through the process of attending your biometrics appointment, where USCIS will collect your fingerprints, photograph, and signature. We ensure that you are well-prepared for this step.
  • Interview Preparation: If USCIS requires an interview, we provide detailed preparation to help you and your spouse feel confident and ready. We conduct mock interviews, review potential questions, and ensure that all necessary documentation is ready for presentation.

Post-Approval Support

  • Post-Filing Support and Follow-Up: Our support doesn't end once your forms are filed. We continue to monitor your case, provide ongoing updates, and address any concerns you may have throughout the process until your green card is issued.
  • Legal Representation: If any complications arise, such as issues with visa status, overstays, or additional requests from USCIS, our attorney is ready to provide strong legal representation. We work to resolve any challenges and ensure that your rights are protected.

Why Choose Our Law Office?

  • Personalized Approach: We recognize that each case is unique, and we provide personalized service to address the specific needs of your situation. We work closely with you to develop a strategy tailored to your circumstances.
  • Comprehensive Support: From the initial petition to the interview and beyond, we provide end-to-end support throughout the concurrent filing process. Our team ensures that all forms are completed accurately, all documentation is gathered, and all deadlines are met.
  • Responsive Communication: We maintain open lines of communication with our clients, providing regular updates and addressing any questions or concerns you may have throughout the process.

Conclusion

Concurrent filing of the I-130 and I-485 offers a streamlined and efficient pathway for U.S. citizens to obtain green cards for their foreign spouses who are already in the United States on valid visas. By allowing both forms to be processed together, this option can significantly reduce the time it takes to secure lawful permanent residence. However, the process requires careful attention to detail and thorough preparation to ensure a successful outcome. Our law firm is committed to guiding you through every step of this process, providing the expertise and support needed to achieve your immigration goals.

By working with our law office, you can trust that your concurrent I-130 and I-485 filing will be handled with the utmost care and professionalism, ensuring a smooth and successful path to obtaining your green card.

Online Forms. Our easy-to-use online forms make starting your concurrent I-130 and I-485 filing simple and convenient. Provide essential details securely, and we'll guide you through the next steps. Begin your immigration journey today with a process designed for your ease and efficiency.

Start Now

Schedule A Call. Schedule a call with us today to get started on your journey to be together in the United States. Our immigration attorneys are here to provide the guidance and support you need to achieve your immigration goals. Let us help you bring your spouse to the U.S. and build a future together.

Schedule Call
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Your data is our top priority. At TH Immigration Law Office, we use AES 256-bit encryption to protect all your sensitive information. This industry-leading encryption standard ensures that your data remains secure and confidential throughout your immigration process. Whether you're sharing documents or communicating with our team, you can trust that your information is safeguarded with the highest level of security.

© MarriageVisaLegal.com | Privacy Policy | Terms of Service

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Schedule Call

Concurrent I-130 and I-485 Filing: For U.S. Citizens Marrying Foreign Nationals in the U.S.

When a U.S. citizen marries a foreign national who is already in the United States on a valid non-immigrant visa, they have the option to file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. This process allows the foreign spouse to apply for a green card (lawful permanent residence) without having to leave the United States. Concurrent filing can significantly streamline the immigration process, offering several advantages for both the U.S. citizen and the foreign spouse.

Benefits of Concurrent Filing

  • Faster Processing Times: One of the key benefits of concurrent filing is the potential for faster processing. Because USCIS processes the I-130 petition and the I-485 application together, the overall time it takes to obtain a green card can be significantly reduced compared to sequential filing.
  • Work Authorization and Travel Permission: Concurrent filing allows the foreign spouse to apply for employment authorization (Form I-765) and advance parole (Form I-131) simultaneously with the I-485. This means that while their green card application is pending, the foreign spouse can legally work in the U.S. and travel internationally without abandoning their application.
  • Avoiding the Need to Leave the U.S.: With concurrent filing, the foreign spouse can remain in the U.S. throughout the entire process. There is no need to return to their home country to apply for a green card, which can be particularly advantageous in maintaining family unity and avoiding potential travel complications.
  • Maintaining Legal Status: Even if the foreign spouse's current visa is nearing expiration, filing the I-485 provides them with a pending application status, allowing them to remain in the U.S. legally until a decision is made on their green card application.

Eligibility Requirements for Concurrent Filing

To be eligible for concurrent filing, several conditions must be met:

  • Valid Marriage: The marriage must be legally recognized and valid under U.S. law. This includes providing proof of the marriage such as a marriage certificate, photographs, joint financial documents, and affidavits from friends and family.
  • Current Visa Status: The foreign national spouse must be physically present in the United States on a valid non-immigrant visa (e.g., student visa, tourist visa, work visa) at the time of filing. It is important that the foreign spouse has not overstayed their visa or fallen out of status, as this could complicate the adjustment of status process.
  • Immediate Relative Category: The foreign spouse must be classified as an "immediate relative" of a U.S. citizen. Immediate relatives (spouses, parents, and unmarried children under 21) have the advantage of visa numbers always being available, which means their green card applications are not subject to annual quotas or waiting lists.

How Our Law Office Helps You Obtain a Concurrent I-130 and I-485 Filing

Navigating the concurrent I-130 and I-485 applications can be complex and challenging, but our law office is here to provide comprehensive support and guidance every step of the way. Here's how we can assist you in obtaining a concurrent I-130 and I-485 filing:

Initial Consultation and Assessment

  • Detailed Evaluation: We conduct a thorough initial consultation to assess your eligibility for concurrent filing, understanding your unique situation and relationship dynamics.
  • Customized Plan: Based on our evaluation, we create a personalized plan that outlines the steps and timeline for your Form I-130 and Form I-485 application process.

Documentation Preparation

  • Document Checklist: We help you compile comprehensive evidence to support your petition and adjustment of status application. We provide a detailed checklist of all required documents, ensuring you know exactly what is needed.
  • Evidence Collection: Our team assists you in gathering comprehensive evidence to prove the bona fide nature of your relationship, proof of your marriage, such as joint financial records, photographs, correspondence, and affidavits from friends and family.
  • Form I-130 and Form I-485 Preparation: We help you accurately complete Form I-130 and Form I-485, ensuring all information is correct and complete to avoid delays. We take care of all the paperwork, so you don't have to worry about missing any important details.
  • Filing for Work Authorization and Travel Documents: We assist in filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) alongside your I-485. This allows you to work legally in the U.S. and travel while your green card application is pending.

Filing and Communication

  • USCIS Submission: We handle the submission of your Form I-130 and Form I-485 with supporting documents to USCIS, making sure everything is properly filed and tracked.
  • Case Monitoring: Our team monitors the status of your application, keeping you informed of any updates and progress.
  • Communication with USCIS: We handle all communications with USCIS on your behalf, including responding to Requests for Evidence (RFEs) if they arise. We keep you informed of any updates or changes in your case status and ensure that USCIS has all the information they need to process your application.

Interview Preparation and Biometrics Appointment

  • Biometrics Appointment Preparation: We guide you through the process of attending your biometrics appointment, where USCIS will collect your fingerprints, photograph, and signature. We ensure that you are well-prepared for this step.
  • Interview Preparation: If USCIS requires an interview, we provide detailed preparation to help you and your spouse feel confident and ready. We conduct mock interviews, review potential questions, and ensure that all necessary documentation is ready for presentation.

Post-Approval Support

  • Post-Filing Support and Follow-Up: Our support doesn't end once your forms are filed. We continue to monitor your case, provide ongoing updates, and address any concerns you may have throughout the process until your green card is issued.
  • Legal Representation: If any complications arise, such as issues with visa status, overstays, or additional requests from USCIS, our attorney is ready to provide strong legal representation. We work to resolve any challenges and ensure that your rights are protected.

Why Choose Our Law Office?

  • Personalized Approach: We recognize that each case is unique, and we provide personalized service to address the specific needs of your situation. We work closely with you to develop a strategy tailored to your circumstances.
  • Comprehensive Support: From the initial petition to the interview and beyond, we provide end-to-end support throughout the concurrent filing process. Our team ensures that all forms are completed accurately, all documentation is gathered, and all deadlines are met.
  • Responsive Communication: We maintain open lines of communication with our clients, providing regular updates and addressing any questions or concerns you may have throughout the process.

Conclusion

Concurrent filing of the I-130 and I-485 offers a streamlined and efficient pathway for U.S. citizens to obtain green cards for their foreign spouses who are already in the United States on valid visas. By allowing both forms to be processed together, this option can significantly reduce the time it takes to secure lawful permanent residence. However, the process requires careful attention to detail and thorough preparation to ensure a successful outcome. Our law firm is committed to guiding you through every step of this process, providing the expertise and support needed to achieve your immigration goals.

By working with our law office, you can trust that your concurrent I-130 and I-485 filing will be handled with the utmost care and professionalism, ensuring a smooth and successful path to obtaining your green card.

Online Forms. Our easy-to-use online forms make starting your concurrent I-130 and I-485 filing simple and convenient. Provide essential details securely, and we'll guide you through the next steps. Begin your immigration journey today with a process designed for your ease and efficiency.

Start Now

Schedule A Call. Schedule a call with us today to get started on your journey to be together in the United States. Our immigration attorneys are here to provide the guidance and support you need to achieve your immigration goals. Let us help you bring your spouse to the U.S. and build a future together.

Schedule Call
SCHEDULE FREE
CONSULTATION

Schedule A Call. Schedule a free consultation with Attorney Thinh Huynh at a time that fits your schedule. I am here to provide guidance and answer your questions with convenience and care.

Schedule Call

Online Forms. Our easy-to-use online forms make starting your visa application simple and convenient. Provide essential details securely, and we'll guide you through the next steps. Begin your immigration journey today with a process designed for your ease and efficiency.

Start Now
Attorney Thinh Huynh understands firsthand the challenges and hopes tied to the immigration journey. As an immigrant himself, Thinh came to the United States from Vietnam as a young child, an experience that shaped his commitment to helping others pursue their dreams of building a life in America.
Thinh graduated from the University of Iowa College of Law, where he distinguished himself as a member of the Iowa Law Review. During that time, he gained valuable experience working at Husch Blackwell, an AmLaw Top 100 Law Firm, furthering his legal expertise and advocacy skills.
Now, Thinh focuses his practice on immigration law, specializing in uniting families and guiding individuals through the complexities of the U.S. immigration system. With a personal connection to his clients' journeys, Thinh combines his legal knowledge with compassion and dedication, making him a trusted ally for those seeking to build a future in America.
OUR PROMISE
TO YOU

At our law office, we are committed to providing you and your loved ones with the guidance and support you deserve throughout your immigration journey.

  • We promise to be with you every step of the way. Whether you are reuniting with family, pursuing your dreams, or seeking a fresh start, you can count on us to stand by your side.
  • We promise to answer your questions promptly. Navigating the immigration process can be complex, but we are here to provide clear and timely answers to ease your concerns.

Trust us to be your advocates, your advisors, and your steadfast partners on this important journey.

Your data is our top priority. At TH Immigration Law Office, we use AES 256-bit encryption to protect all your sensitive information. This industry-leading encryption standard ensures that your data remains secure and confidential throughout your immigration process. Whether you're sharing documents or communicating with our team, you can trust that your information is safeguarded with the highest level of security.

© MarriageVisaLegal.com | Privacy Policy | Terms of Service

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

The Choice Of An Attorney Is An Important One And Should Not Be Based On Advertising Alone