Should I file I-130 and I-485 together?

Should I file I-130 and I-485 together? Yes! In some situations, it’s possible to file Form I-130 and Form I-485 at the same time. The procedure’s name is concurrent filing. Do you know the advantage of filing the forms at the same time?  Keep reading to find out more about concurrent filing I-130 and I-485.

Keep in mind that Form I-130 is known as the Petition for Alien Relative, and it’s a document you must submit to USCIS if you want to petition for a close relative. It can be submitted by U.S. citizens or Lawful Permanent Residents who want to bring a relative into the U.S., and one petition is available for one family member.

On the other hand, Form I-485 is the Application to Register Permanent Residence or Adjust Status. This application can help you register for permanent residence in the U.S., aka obtain a Green Card, or adjust to permanent resident status.

The advantage of Form I-485 is you can get your Green Card without having to leave the United States during the immigration process and visit your original country to apply if you happen to be in the States when applying.

What’s the advantage of Concurrent Filing of I-130 and I-485?

The main advantage of Concurrent Filing of I-130 and I-485 is you will be able to apply for your Green Card in a one-step process. A visa number will be available for you, and you also have all the required qualifications to obtain permanent residency, you won’t have to keep checking your schedule wondering when the approval will happen.

In addition, USCIS guarantees your application is dealt with at the same time your sponsoring family member’s application is processed, but the decision notices will be separate for each, so look for 2 independent notices instead of one for the hole process.

Who is eligible for the Concurrent Filing of I-130 and I-485?

According to USCIS rules, you are eligible to File Concurrently when:

• You have a visa number that is already available;
• You’re applying for a special immigrant visa and happen to be a member of a specific Armed Forces branch;
• You’re a relative of a U.S citizen who is your sponsor. Your immediate relative can be either a child older than 21 years old or a parent over 21 years old;
• You happen to be a special immigrant juvenile;
• You’re a person self-petitioning as the abused child or spouse of a U.S. citizen;
• When I-130 and I-485 Can Be Filed Concurrently;

Filing Form, I-130 and I-485 are also called “one-step adjustment” cause, you submit just one petition and wait for its approval before you submit the adjustment of status application or the immigrant visa one, so you submit both at the same time.

Although the process is possible when you are in the United States already and you match some eligibility criteria, if you are outside the U.S. when applying for a Green Card and need to go through consular processing, then submitting the forms concurrently will not be allowed.

On the other hand, if you live in the U.S. and you are eligible for an adjustment of status application, you will have the right to submit the forms together.

This procedure is also possible if you are filing Form I-360 as someone who has been abused by a spouse or parent who is a citizen of the U.S.

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