Form I-130 + I-485
I-130 + I-485 Concurrent Filing Check
Check whether your relative can apply for a green card at the same time you file a family petition.
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The short answer
Who can file I-130 and I-485 together?
A U.S. citizen or lawful permanent resident files Form I-130. Their qualifying relative may file Form I-485 at the same time if they are in the United States and meet the adjustment requirements. A visa is always available to an immediate relative of a U.S. citizen. Relatives in family preference categories can file together only when a visa is available under the chart USCIS designates for filing that month.
What USCIS asks for
Requirements when you file
- The petitioner is a U.S. citizen or lawful permanent resident with a qualifying family relationship
- The relative is in the United States and qualifies under an adjustment of status category
- A visa is available when the two forms are filed together
- The relative meets the entry, status, and admissibility requirements or qualifies for an exception
The check
What this check covers
- Whether the petitioner and family relationship qualify for Form I-130
- Whether the relative can apply from inside the United States
- Visa availability for a new family preference petition
- Whether an open removal case moves the green card application to immigration court
- Entry and status history that can affect adjustment
- Issues that need a closer look at your documents before filing
Questions
Frequently asked questions
Not always. If a visa is available and the relative meets the adjustment requirements, Form I-130 and Form I-485 may be filed together. The I-130 can also be filed on its own.
Yes, when a visa is available in the F2A category and the spouse meets the adjustment requirements. Check the Visa Bulletin and the chart USCIS says to use for filing that month.
Not at the same time. These family preference categories have a wait of several years, and a petition filed today takes today’s date as its priority date. You can file Form I-130 now. Your relative files Form I-485 later, when that priority date becomes current.
No. Form I-485 is for adjustment inside the United States. A relative abroad can be sponsored with Form I-130, then use consular processing when a visa is available.
No. This check relies on your answer about visa availability. Confirm the current USCIS filing chart, category, country of chargeability, and priority date before filing.
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