I-130 vs. I-485: What’s the Difference?
Confused by Form I-130 and Form I-485? You are not alone. At Wogwu Law, PLLC, we combine professional knowledge with personal immigration stories, and we see this mix every week. Today, we clarify how these two forms work together so you can move forward with confidence and fewer headaches.
Form I-130: Petition for Alien Relative – An Overview
Form I-130 lets a U.S. citizen or lawful permanent resident (LPR) tell USCIS, “Yes, this person is my close family member.” The filing step proves the qualifying relationship, which then opens the path to a future immigrant visa or green card.
Who may file? Only U.S. citizens and LPRs. The citizen or resident is referred to as the petitioner, while the family member is referred to as the beneficiary.
Eligible relatives for a U.S. citizen include:
- Spouse
- Unmarried children under 21
- Unmarried sons or daughters 21 or older
- Married sons or daughters of any age
- Siblings, if the citizen is at least 21
- Parents, if the citizen is at least 21
For an LPR, the list is shorter:
- Spouse
- Unmarried child under 21
- Unmarried son or daughter 21 or older
A separate I-130 must be filed for each relative. If the petition is for a spouse, Form I-130A must be submitted with it. Approval of I-130 only confirms the family tie; it does not give any legal status or guarantee visa availability. That piece comes later.
The next stage involves deciding whether the family member will apply from abroad through consular processing or within the United States with Form I-485, so let’s examine that form next.
Form I-485: Application to Register Permanent Residence or Adjust Status – An Overview
Form I-485 is the paperwork that changes an eligible person already inside the United States from a visitor, student, or other status to a lawful permanent resident. Filing is possible only when the applicant is physically in the country, meets the entry requirements, and a visa is “current” for the category.
Most family-based I-485 applications are based on an approved I-130; however, other petitions, such as I-360 for self-petitioning spouses or I-140 for workers, may also serve as the foundation. Even with an approved I-130, certain inadmissibility issues, such as past immigration violations or criminal convictions, can block adjustment and may require a waiver.
When the immigrant visa number is available, the I-485 package often includes Form I-765 for a work permit and Form I-131 for advance parole, allowing the applicant to work and travel while the case is pending.
Now that we have covered the two forms separately, let’s compare them side by side.
Key Differences Between Form I-130 and Form I-485
The two forms look similar but serve very different roles. The table below provides a quick snapshot, followed by more detailed information under each heading.
| I-130 vs. I-485 Snapshot | ||
| Feature | Form I-130 | Form I-485 |
| Primary goal | Show a qualifying family relationship | Ask USCIS for lawful permanent resident status |
| Applicant location | The beneficiary may be inside or outside the U.S. | Applicant must be inside the U.S. |
| Visa timing | Can be approved even if no visa is available yet | May be filed only when the visa is current |
| Outcome of approval | Petition approval alone gives no status | If granted, the person receives a green card |
Purpose
Form I-130 establishes the family connection, while Form I-485 requests that the government grant permanent residence based on that connection.
Location of Applicant
The I-130 may be filed regardless of the family member’s location. In contrast, the I-485 application requires the applicant to be in the United States after a lawful entry or other qualifying arrival.
Visa Availability
Because family preference visas have annual limits, an I-130 might sit in line for months or even years. The I-485 can proceed only when the Department of State’s visa bulletin indicates the priority date as “current.” Immediate relatives (spouse, unmarried child under 21, or parent of a U.S. citizen) are exempt from this wait, as their visa is always current.
Filing Process
Some cases permit concurrent filing, meaning the I-130 and I-485 are mailed together. This is common for immediate relatives already in the United States. If filing by mail, correct lockbox addresses matter. USCIS lists Phoenix for many western states and Elgin, Illinois, for others, so double-check the address before sending the package to avoid delays.
Eligibility Requirements
I-130 packets primarily focus on proof of the family tie, including marriage certificates, birth records, and shared financial documents. I-485 packets go further by tackling admissibility, medical examination, and any prior immigration history. Even with a rock-solid I-130, a ground of inadmissibility can block the green card until a waiver is approved.
Timing and strategy go hand in hand, which leads to the question of when you may submit both forms together.
When to File Form I-130 and Form I-485 Concurrently
Concurrent filing speeds up the process when a visa is already available. The following relatives qualify as “immediate relatives” and never have to wait for a visa number:
- Spouse of a U.S. citizen
- An unmarried child under 21 of a U.S. citizen
- Parent of a U.S. citizen age 21 or older
Everyone else falls into the family preference system, where visa dates move based on the monthly visa bulletin. Petitioners check their priority date against the bulletin to determine when they may file the I-485. If the chart shows the date is current, concurrent filing becomes an option; if not, you must wait.
In either situation, ensure that the entry was lawful and that past actions do not bar the applicant, as these issues can derail even a well-timed filing.
Potential Challenges and How Wogwu Law Can Assist
Even a minor paperwork error can trigger a Request for Evidence, which can slow the case. Other bumps include missing relationship proof, old criminal citations, or prior removal orders.
Our team assists by reviewing each client’s history, gathering relevant documents, and preparing a comprehensive packet that addresses likely questions before USCIS raises them. If an RFE arrives, we draft a prompt and thorough response, and we also stand with you at interviews to ensure your story is clear and honest.
When problems such as inadmissibility arise, we prepare waiver filings or explore other relief. The goal is a smooth path to approval, backed by thoughtful strategy and personal attention.
Need Help with Your Immigration Journey? Contact Wogwu Law, PLLC Today!
Your future in the United States matters. Wogwu Law, PLLC supports families with green card applications, citizenship plans, K-1 fiancé visas, and more. Call us at 919-964-5472 or visit our website to schedule a consultation. Let’s work together to move your case forward and keep your family together.