If you are married to a U.S. citizen and are already in the United States, you may be able to file your marriage-based green card application all at once. This process is called concurrent filing.
Concurrent filing allows eligible applicants to submit both the following at the same time:
- Form I-130 (Petition for Alien Relative)
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
For many applicants, concurrent filing is the fastest path to a marriage-based green card. However, it is not the right strategy for everyone.
Here’s what concurrent filing means, who qualifies, and when you may want to consider a different approach.
What Is Concurrent Filing?
Concurrent filing means submitting your immigrant petition (I-130) and Adjustment of Status application (I-485) together in a single submission.
This often saves months of processing time.
Who Can File Forms I-130 and I-485 Together?
Concurrent filing is typically available when:
- You are physically present in the United States
- You entered the U.S. legally
- You are eligible to adjust status
- Your spouse is a U.S. citizen
In many cases, spouses of U.S. citizens can submit the entire green card package at once rather than waiting for the I-130 to be approved first.
Who Cannot Use Concurrent Filing?
Not everyone qualifies for concurrent filing. You may not be eligible if:
- You entered the U.S. without inspection
- You are currently subject to certain immigration bars
- Your case involves other eligibility issues that must be resolved first
Just because concurrent filing is available does not automatically mean it is the best strategy for your situation.
What Forms Are Included in a Concurrent Filing Package?
A typical concurrent filing package may include:
Form I-130
The petition establishing the qualifying family relationship.
Form I-485
The green card application.
Form I-864
Affidavit of Support from the sponsoring spouse.
Form I-765
Application for employment authorization (work permit).
Form I-131
Application for advance parole (travel authorization).
Form I-693
Medical examination report.
What Are the Benefits of Concurrent Filing?
Faster Processing
Instead of waiting for I-130 approval before starting the next step, USCIS can begin reviewing multiple parts of your case simultaneously.
Work Authorization
Many applicants can apply for a work permit while their green card case is pending.
Travel Authorization
Eligible applicants can also request advance parole, which may allow international travel while their applications are being processed.
One Comprehensive Submission
A properly prepared concurrent filing package allows USCIS to review your case as a whole rather than piecemeal.
Concurrent Filing and the 90-Day Rule
If you recently entered the United States on a non-immigrant visa, timing matters.
The 90-day rule is a U.S. State Department guideline that USCIS immigration officers may use when evaluating whether you misrepresented your intentions when entering the country. You should avoid taking certain actions inconsistent with your visa status within 90 days of entering the US.
What are the Government Filing Fees?
Government filing fees can change, but most applicants should expect costs that include:
- Form I-130 filing fee of $675
- Form I-485 filing fee of $1,440 which includes biometrics
- Form I-765 filing fee of $260
- Form I-131 filing fee of $630
- Medical examination costs which vary
How Long Does Concurrent Filing Take?
Processing times vary by USCIS workload and case complexity.
Most marriage-based adjustment of status depends on local USCIS processing times and backlogs and can take anywhere from 6 months to 2 years depending upon where you reside.
Factors that can affect processing time include:
- USCIS backlogs
- Requests for Evidence
- Interview scheduling
- Missing documentation
- Case-specific complications
Why Work With Our Immigration Attorney?
Concurrent filing can save significant time, but only if the application is prepared correctly.
Many applicants do not realize there is a problem with their case until USCIS issues a Request for Evidence or schedules an interview.
Our immigration attorney helps clients:
- Determine whether concurrent filing is available
- Identify potential eligibility issues before filing
- Evaluate 90-day rule concerns
- Prepare strong relationship evidence
- Assemble complete adjustment of status packages
- Respond to Requests for Evidence
- Prepare for USCIS interviews
Ready to Discuss Your Options?
Concurrent filing can be an excellent option for eligible applicants, but every immigration case is different.
Before submitting your application, it is important to understand your eligibility, evaluate any potential risks, and choose the strategy that makes the most sense for your situation.
ILOLA handles marriage-based green card cases nationwide. Contact us today at (213) 375-4084 to discuss whether concurrent filing is the right path for you.
