Should You File I-130 and I-485 Together? Pros and Cons
Are you considering filing for a green card while staying in the United States? Many families can expedite the process by mailing Form I-130 and Form I-485 together in the same package, a filing method USCIS refers to as concurrent filing. At Wogwu Law, PLLC, we combine book knowledge with our own immigration experiences, enabling us to understand the significance of this single mailing for couples, parents, and children. The paragraphs that follow explain when concurrent filing is applicable, what paperwork is required, and how to navigate each step without complications.
Forms I-130 and I-485: An Examination
Let’s begin with the forms themselves. Form I-130, Petition for Alien Relative, informs USCIS that a genuine family relationship exists between a U.S. citizen or lawful permanent resident and the individual seeking a green card. Form I-485, Application to Register Permanent Residence or Adjust Status, allows a foreign national already in the country to request permanent resident status without leaving the country for consular processing.
Submitting both forms together is known as concurrent filing, which means the relative can request a green card at the same time the family link is being reviewed. This combined approach often reduces the overall wait by several months, as USCIS can review both the petition and the adjustment request in a single file.
Who Can File Concurrently?
The rules are generous for some groups and strict for others, so it helps to understand the categories clearly.
- Immediate relatives of U.S. citizens living in the United States: spouses, unmarried sons or daughters under 21, and parents of citizens age 21 or older.
- Most employment-based applicants and their qualifying relatives, if a visa number is available on the Visa Bulletin.
- Special Immigrant Juveniles, when an EB-4 number is current, and USCIS has jurisdiction over the case.
- Self-petitioning battered spouses or children covered by 8 U.S.C. 1367, provided the abuser is a citizen or the visa number is current.
- Certain service members seeking status under INA §101(a)(27)(K).
- Special Immigrant International Organization workers and their family members.
If you fall outside these groups, separate filings or consular processing may be required; however, many family cases do fit into one of the categories above.
Concurrent Filing Requirements
Even if you match an eligible group, three baseline rules still apply.
- The intending resident must be physically inside the United States on the day USCIS receives the packet.
- The immigrant category must be “current” on the Visa Bulletin if it is subject to numerical limits.
- The applicant must have been admitted or paroled after inspection, unless an exception such as INA §245(i) or VAWA applies.
Failing any one of these points blocks concurrent filing, regardless of family ties.
When Concurrent Filing Is Not Possible
Some situations force two-step processing. If the intending immigrant is overseas, consular handling is the only path, and I-485 cannot be filed until arrival with an immigrant visa. Likewise, family preference cases such as F2A or F3 must wait if the priority date is not current. Finally, Visa Bulletin dates can roll backward; when that happens, anyone who has not yet filed I-485 must pause until the date moves forward again.
Step-by-Step Guide to Concurrent Filing
With the ground rules out of the way, let’s walk through the paperwork.
Forms to include
- I-130, Petition for Alien Relative
- I-485, Application to Register Permanent Residence or Adjust Status
- I-864, Affidavit of Support
- I-765, Application for Employment Authorization (optional)
- I-131, Application for Travel Document/Advance Parole (optional)
- I-693, Report of Medical Examination, usually in a sealed envelope
Key supporting records
Gather proof of the petitioner’s citizenship or green card, evidence of lawful entry such as the I-94 record, clear copies of passports and government IDs, recent tax returns or pay stubs to satisfy the Affidavit of Support, and substantial proof of the family relationship. For marriages, include a marriage license, joint bank statements, joint lease agreements, photos, and other shared documents.
Current government fees
USCIS Filing Fees as of April 2025 | ||
Form | Typical Fee | Who Pays |
I-130 | $675 | U.S. petitioner |
I-485 (age 14-78) | $1,440 | Intending resident |
I-765 (optional) | $260 | Intending resident |
I-131 (optional) | $630 | Intending resident |
Fees are subject to change; please verify the USCIS schedule before mailing your packet.
Where to mail
Form I-485 lockbox addresses vary depending on the state where the applicant resides. USCIS keeps an updated chart titled “Direct Filing Addresses for Form I-485.” Send everything by a service that provides delivery tracking, and include one check or money order covering all fees, or use the credit card form G-1450.
What happens next
About two weeks after filing, USCIS issues separate receipt notices. A few weeks later, the applicant receives a biometrics appointment to provide fingerprints and a photo. Employment Authorization Documents and Advance Parole cards often arrive around month four or five. The local field office usually schedules the adjustment interview between months eight and fourteen, depending on its workload.
Special Considerations for Spousal or Parental Filings
If you plan to file for a parent, remember that only U.S. citizens can sponsor a parent, and the parent must have entered the country with lawful status. For a spouse, USCIS looks closely at whether the marriage is genuine. Couples who share housing, bills, and everyday life should bring plenty of joint proof to the interview. Thin evidence can lead to a Request for Evidence or, worse, a denial for suspected sham marriage.
Expectations for Your USCIS Interview
Most family-based concurrent files end with a joint interview. The officer will confirm biographic details, review financial documents, and ask relationship questions if the case involves marriage. Bring originals of passports, birth or marriage certificates, updated tax returns, recent pay stubs, and extra photos together. Couples should be prepared to answer questions about their daily routines, essential dates, and shared responsibilities. A clear, consistent story backed by documents usually leads to same-day approval.
Let Wogwu Law, PLLC, Guide You Through Your Immigration Path
Filing both forms in one shot can shorten the wait; however, missing a single sheet can still stall the entire packet. Our team knows the fine print and the emotional stakes, and we put both into every file we handle. Feel free to call us at 919-964-5472, visit our website, or send us a note to start the conversation. Clear answers today can help your family settle into tomorrow with confidence.