What is concurrent filing of I-130 and I-485?

Concurrent filing refers to the process of simultaneously submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) to U.S. Citizenship and Immigration Services (USCIS). This option is available to U.S. citizens who are petitioning for their immediate relatives (such as a spouse) who are already in the United States on a valid non-immigrant visa. It allows the foreign spouse to apply for a green card without leaving the U.S.

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Who is eligible to file I-130 and I-485 concurrently?

U.S. citizens can file I-130 and I-485 concurrently for their immediate relatives, including spouses, parents, and unmarried children under 21, who are physically present in the U.S. on a valid non-immigrant visa. The foreign national must have entered the U.S. legally and must currently be in valid status at the time of filing.

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What are the advantages of filing I-130 and I-485 concurrently?

The primary advantage of concurrent filing is that it can significantly reduce the overall time it takes to obtain a green card. By processing the I-130 petition and the I-485 application together, USCIS can streamline the review process. Additionally, the foreign spouse can apply for work authorization (Form I-765) and travel permission (Form I-131) while their adjustment of status is pending.

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Can I file I-130 and I-485 concurrently if I am on a student or tourist visa?

Yes, if you are in the U.S. on a valid non-immigrant visa, such as a student (F-1) or tourist (B-2) visa, and you are married to a U.S. citizen, you are eligible to file I-130 and I-485 concurrently. However, it's important to demonstrate that your original intention when entering the U.S. was not to immigrate, to avoid issues of visa fraud.

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What documents are required for concurrent I-130 and I-485 filing?

Required documents include proof of U.S. citizenship (e.g., birth certificate, passport), marriage certificate, evidence of a bona fide marriage (e.g., joint financial records, photographs, affidavits), the foreign spouse’s proof of legal entry (e.g., I-94 record, visa), completed forms (I-130, I-485, I-864, I-765, I-131), and filing fees. Additional documents like birth certificates, divorce decrees (if applicable), and passport-style photos are also necessary.

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How long does the concurrent filing process take?

The processing time for concurrent filing can vary, but it typically takes between 8 to 14 months. This timeline includes the review of both the I-130 and I-485, as well as the scheduling of a biometrics appointment and, in many cases, a USCIS interview.

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Can I work while my concurrent I-130 and I-485 are pending?

Yes, you can work while your I-130 and I-485 are pending if you apply for and receive an Employment Authorization Document (EAD) by filing Form I-765. This work permit allows you to legally work in the U.S. during the processing period.

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Can I travel outside the U.S. while my I-485 is pending?

You can travel outside the U.S. while your I-485 is pending if you apply for and receive advance parole by filing Form I-131. Traveling without advance parole can result in your I-485 being considered abandoned, which could jeopardize your ability to obtain a green card.

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What happens if my I-485 is denied after filing concurrently with I-130?

If your I-485 is denied, you will generally lose your ability to remain in the U.S. legally unless you have other valid status. USCIS will provide the reasons for the denial, and you may have the option to file a Motion to Reopen or Reconsider, appeal the decision, or reapply. It’s crucial to consult an attorney to explore your options.

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Do I need an attorney to file I-130 and I-485 concurrently?

While it is possible to file I-130 and I-485 concurrently without an attorney, the process can be complex and any mistakes or omissions could lead to delays or denials. An immigration attorney can guide you through the process, ensure that all documentation is complete and accurate, and provide representation in the event of complications.

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What fees are associated with concurrent filing of I-130 and I-485?

The government filing fees for concurrent I-130 and I-485 filing include $535 for Form I-130, $1,140 for Form I-485, and $85 for biometrics. Additional fees may apply for Form I-765 (Employment Authorization) and Form I-131 (Advance Parole). Attorney fees for assisting with the process can vary depending on the complexity of your case.

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What is the difference between concurrent filing and filing I-130 first, then I-485 later?

Concurrent filing allows you to submit both the I-130 and I-485 forms simultaneously, which can speed up the process of obtaining a green card. Filing I-130 first and I-485 later, known as sequential filing, is typically used when the foreign spouse is not immediately eligible for adjustment of status, such as when waiting for visa availability in family preference categories.

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How does concurrent filing impact my current visa status?

Concurrent filing does not immediately change your visa status. While your I-485 is pending, your current visa status remains in effect. However, once your I-485 is approved, your status will change to that of a lawful permanent resident (green card holder).

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Is an interview required for concurrent I-130 and I-485 filing?

In most cases, USCIS requires an interview for I-485 applicants to verify the legitimacy of the marriage and assess eligibility for a green card. Both spouses must attend this interview, where a USCIS officer will ask questions about the marriage and review the submitted documents.

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Can I file I-765 (Employment Authorization) and I-131 (Advance Parole) with I-130 and I-485?

Yes, you can file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently with your I-130 and I-485. Filing these forms together allows you to obtain work authorization and travel permission while your green card application is pending.

How do I prove my marriage is bona fide for concurrent I-130 and I-485 filing?

To prove your marriage is bona fide, you must provide evidence that shows a genuine relationship, such as joint financial records (bank accounts, tax returns), photographs of the couple, affidavits from friends and family, correspondence between the spouses, and documents showing shared responsibilities (e.g., lease agreements, insurance policies).

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What are the most common reasons for delays in concurrent I-130 and I-485 processing?

Common reasons for delays include incomplete or inaccurate forms, missing or insufficient supporting documentation, issues arising during the background check, and scheduling delays for the biometrics appointment or USCIS interview. Requests for additional evidence (RFEs) can also cause delays.

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Can I expedite my concurrent I-130 and I-485 application?

Expedited processing is available in certain circumstances, such as severe financial loss, humanitarian reasons, or compelling U.S. government interests. To request expedited processing, you must provide a compelling reason and supporting evidence. USCIS will review the request and decide whether to grant expedited processing.

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What happens if I move to a new address while my I-130 and I-485 are being processed?

If you move to a new address while your I-130 and I-485 are being processed, you must notify USCIS of your address change within 10 days by filing Form AR-11 (Change of Address) online or by mail. Failure to update your address can result in missed communications and potential denial of your application.

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How does concurrent filing affect my ability to sponsor other family members in the future?

Concurrent filing itself does not affect your ability to sponsor other family members in the future. However, once your green card is approved, you can sponsor other immediate family members for permanent residency. The ability to sponsor other relatives depends on your status and the relationship to the family member.

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What should I do if I receive a Request for Evidence (RFE) after filing I-130 and I-485 concurrently?

If you receive a Request for Evidence (RFE), it is crucial to respond promptly and provide the requested documentation by the deadline provided. An RFE indicates that USCIS needs additional information to process your application. Failure to respond adequately or on time can result in the denial of your application.

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Is there a risk of deportation if my concurrent I-485 application is denied?

If your I-485 application is denied, you may be at risk of deportation, especially if you no longer have a valid visa status. It’s important to consult with an immigration attorney immediately if your application is denied to explore options such as filing a Motion to Reopen or Reconsider, appealing the decision, or seeking alternative immigration relief.

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How do I prepare for the USCIS interview for concurrent I-130 and I-485 filing?

To prepare for the USCIS interview, review your I-130 and I-485 applications, gather all original documents that were submitted, and be prepared to answer questions about your relationship and marriage. Practice answering potential questions with your spouse, and consider working with an attorney to conduct a mock interview to ensure you are fully prepared.

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What should I do if my spouse and I are living in different states?

If you and your spouse are living in different states, it is still possible to file I-130 and I-485 concurrently, but it may raise additional questions during the interview about the legitimacy of the marriage. Be prepared to provide evidence that your relationship is genuine despite the distance, such as travel records, communication logs, and plans for living together in the future.

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Can I file concurrently if my spouse entered the U.S. without inspection?

If your spouse entered the U.S. without inspection, they may not be eligible for adjustment of status through concurrent filing. However, there may be other forms of relief available, such as applying for a waiver or consular processing. It’s important to consult with an immigration attorney to explore your options and determine the best course of action.

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What is the role of biometrics in the concurrent filing process?

Biometrics is an essential part of the concurrent filing process. USCIS requires the foreign spouse to attend a biometrics appointment where their fingerprints, photograph, and signature are collected. This information is used to conduct background checks and verify the identity of the applicant. The biometrics appointment is typically scheduled a few weeks after filing the I-485.

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How do I check the status of my concurrent I-130 and I-485 applications?

You can check the status of your concurrent I-130 and I-485 applications online through the USCIS Case Status Online tool using the receipt numbers provided on your USCIS Notice of Action. You can also create a USCIS account to receive updates and track your case progress. Additionally, you can contact USCIS directly for status inquiries.

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Can my children be included in my concurrent I-130 and I-485 application?

If your children are unmarried and under 21 years old, they may be eligible to be included in your I-130 petition as derivative beneficiaries and can file their own I-485 applications concurrently. However, each child must meet eligibility requirements, and separate I-485 forms must be filed for each child.

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What happens after my I-130 and I-485 are approved?

Once both your I-130 and I-485 are approved, the foreign spouse will be granted lawful permanent resident status and will receive a green card. If the marriage is less than two years old at the time of approval, the green card will be conditional and valid for two years. You will need to file Form I-751 (Petition to Remove Conditions on Residence) before the green card expires to obtain a permanent green card.

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What should I do if I need to travel urgently while my I-485 is pending?

If you need to travel urgently while your I-485 is pending, you must first obtain advance parole by filing Form I-131. Without advance parole, leaving the U.S. could result in the abandonment of your I-485 application. If you already have advance parole, you can use it to re-enter the U.S. without jeopardizing your application.

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