Quick Answer: Can You File I-130 and I-485 Together?
Yes, in some cases. Filing Form I-130 and Form I-485 together is called concurrent filing.
Concurrent filing may be available when the family member applying for a Green Card is eligible for Adjustment of Status and an immigrant visa is immediately available when required.
For immediate relatives of U.S. citizens, immigrant visas are generally immediately available. Family-preference applicants may need to wait until a visa becomes available before Form I-485 can be filed.
Being physically present in the United States does not by itself make someone eligible to file Form I-485. The applicant must still meet the separate Adjustment of Status requirements.
Concurrent filing simply allows eligible applicants to submit Form I-130 and Form I-485 at the same time instead of waiting for Form I-130 approval first.
Not Sure If You Can File I-130 and I-485 Together?
ImmigrationDirect can help you check your eligibility based on the answers you provide, then guide you through preparing Form I-130 and Form I-485 step by step. The service also helps review your responses for missing or inconsistent information before filing.
ImmigrationDirect is not USCIS. USCIS makes the final determination on eligibility and approval.
What Is Concurrent Filing?
Concurrent filing means submitting an immigrant petition and an Adjustment of Status application at the same time.
For family-based cases, this usually means filing:
- Form I-130, which asks USCIS to recognize a qualifying family relationship; and
- Form I-485, which is the application for permanent residence from inside the United States.
The main advantage is timing. If the applicant is eligible to file both forms together, they do not have to wait for USCIS to approve Form I-130 before submitting Form I-485.
Concurrent filing does not mean USCIS will approve both forms at the same time. Each form has its own purpose and must still meet the applicable USCIS requirements.
Form I-130 vs. Form I-485
Form I-130 and Form I-485 serve different purposes, even when they are filed at the same time.
| Form | Purpose | Who files it |
|---|---|---|
| Form I-130 | Establishes a qualifying family relationship | Petitioner |
| Form I-485 | Applies for permanent residence through Adjustment of Status | Beneficiary/applicant |
The petitioner is the U.S. citizen or lawful permanent resident sponsoring the qualifying family member. The beneficiary is the family member seeking the immigration benefit.
Form I-130 asks USCIS to recognize the qualifying family relationship. Approval of the petition establishes that relationship for immigration purposes.
Form I-485 is the application the beneficiary uses to request a Green Card from inside the United States through Adjustment of Status.
When the forms are filed concurrently, only the filing timing is combined. The forms still have different purposes and are reviewed under their own USCIS requirements.
Who Can Concurrently File I-130 and I-485?
Concurrent filing is available only when the family relationship and the applicant’s Adjustment of Status situation both qualify.
In general, the following must be true:
- There is a qualifying family relationship that can be established through Form I-130.
- The beneficiary is physically present in the United States and plans to apply for Adjustment of Status.
- An immigrant visa is immediately available, when the immigration category requires visa availability.
- The beneficiary is otherwise eligible to file Form I-485.
| Example | Concurrent filing may be available? |
|---|---|
| Spouse of a U.S. citizen | Yes, if otherwise eligible for Adjustment of Status |
| Parent of a U.S. citizen age 21 or older | Yes, if otherwise eligible |
| Unmarried child under 21 of a U.S. citizen | Yes, if otherwise eligible |
| Certain family-preference applicants | Yes, when a visa is available and other I-485 requirements are met |
Being in the United States does not automatically make someone eligible to file both forms together. Concurrent filing depends on the family category, visa availability, and the beneficiary’s separate eligibility for Adjustment of Status.
Who Usually Cannot File I-130 and I-485 Together?
Concurrent filing is not available in every family-based case. Common situations where Form I-130 and Form I-485 usually cannot be filed together include:
- the beneficiary is outside the United States and will use consular processing instead of Adjustment of Status;
- the beneficiary is in a family-preference category and an immigrant visa is not currently available;
- the beneficiary is not otherwise eligible to file Form I-485;
- the case must proceed through a different immigration path rather than Adjustment of Status.
Not being eligible for concurrent filing does not necessarily mean Form I-130 cannot be filed. In many cases, the petitioner may still file Form I-130 first and the beneficiary can continue with the next immigration step when eligible.
Eligibility for Form I-485 depends on the beneficiary’s individual circumstances, so visa availability and physical presence in the United States are only part of the analysis.
Immediate Relatives vs. Family Preference Categories
Visa availability is one of the main factors that determines whether Form I-485 can be filed with Form I-130.
Immediate Relatives of U.S. Citizens
For immigration purposes, immediate relatives generally include:
- a spouse of a U.S. citizen;
- an unmarried child under age 21 of a U.S. citizen; and
- a parent of a U.S. citizen who is at least 21 years old.
Immigrant visas are generally immediately available for these immediate-relative categories because they are not subject to the annual numerical limits that apply to family-preference categories.
Family Preference Categories
Other qualifying family relationships fall into family preference categories, which are subject to annual visa limits. In these cases, an immigrant visa may not always be available when Form I-130 is filed.
If the beneficiary is in a preference category, visa availability may need to be checked before Form I-485 can be submitted. USCIS and the Department of State use the Visa Bulletin to show when visas are available for these categories.
This distinction is important because visa availability can directly affect whether concurrent filing is possible.
Can a Green Card Holder File I-130 and I-485 Together for a Spouse?
Yes, in some cases. A lawful permanent resident (Green Card holder) may file Form I-130 for a qualifying spouse. The spouse is generally classified in the F2A family preference category.
Because F2A is a preference category, concurrent filing is not automatically available. Form I-130 and Form I-485 may be filed together only when:
- an immigrant visa is available for the spouse’s category; and
- the spouse is otherwise eligible for Adjustment of Status.
Visa availability for F2A can change, so eligibility to file Form I-485 should be confirmed at the time of filing.
If a visa is not currently available, the Green Card holder may still file Form I-130 first. The spouse may be able to file Form I-485 later when a visa becomes available and the other Adjustment of Status requirements are met.
Step-by-Step: How to Concurrently File I-130 and I-485
Once you determine that concurrent filing may be available, the next step is to prepare both forms correctly and make sure the Adjustment of Status requirements are met before submitting the package.
Step 1: Confirm Form I-485 Eligibility
Being eligible for Form I-130 does not automatically mean the beneficiary can file Form I-485.
The beneficiary must separately qualify for Adjustment of Status. This generally means the beneficiary must be physically present in the United States and meet the other requirements that apply to Form I-485.
Eligibility can depend on the person’s immigration history and individual circumstances, so do not rely only on the qualifying family relationship.
For a broader explanation of who may qualify, see the Form I-485 guide.
Step 2: Confirm Immigrant Visa Availability
Before filing Form I-485, confirm that an immigrant visa is available if the immigration category requires it.
For immediate relatives of U.S. citizens, immigrant visas are generally immediately available.
For beneficiaries in a family preference category, visa availability may need to be confirmed before Form I-485 can be filed.
If a visa is not available when required, the petitioner may still be able to file Form I-130 first and the beneficiary can wait to file Form I-485 when eligible.
Step 3: Prepare Form I-130
The petitioner completes Form I-130 to establish the qualifying family relationship with the beneficiary.
The form asks for information about the petitioner, the beneficiary, and the family relationship. The petition must also include the supporting evidence required for that relationship.
Review the information carefully so names, dates, addresses, and relationship details are accurate and consistent.
For more detailed filing guidance, see the Form I-130 guide and the Form I-130 supporting documents checklist.
Step 4: Prepare Form I-485
The beneficiary, who is applying for permanent residence, completes Form I-485.
Form I-485 asks for information about the applicant’s identity, immigration history, addresses, background, eligibility, and other information USCIS uses to decide the Adjustment of Status application.
Answer every applicable question accurately and review the form before filing. Information on Form I-485 should also be consistent with Form I-130 and the supporting records submitted with the case.
For detailed preparation guidance, see the Form I-485 guide.
Step 5: Gather the Supporting Evidence
Form I-130 and Form I-485 each have their own supporting-document requirements.
The I-130 portion generally requires evidence showing the qualifying family relationship and the petitioner’s status.
The I-485 portion generally requires documents supporting the applicant’s identity, immigration history, and Adjustment of Status application.
The exact evidence depends on the relationship and the applicant’s circumstances. If a required document is in a language other than English, include the required English translation.
Use the dedicated Form I-130 supporting documents checklist and Form I-485 document checklist to confirm what applies to your case.
Step 6: Check the Current Filing Fees
Form I-130 and Form I-485 have separate USCIS filing fees. Filing them concurrently does not combine the two forms into one government fee.
Before submitting the package, check the current USCIS fee for each form and confirm the accepted payment method.
Because filing fees can change, avoid relying on an amount from an older article or previously prepared application.
Step 7: Mail the Concurrent Filing Package to the Correct USCIS Location
When Form I-130 and Form I-485 are filed together as a paper concurrent filing package, send them to the USCIS filing location that applies to your case.
USCIS mailing addresses can change and may depend on the type of filing, so verify the current filing instructions immediately before mailing the package.
Organize the forms and supporting evidence clearly so it is easy to identify which documents support Form I-130 and which support Form I-485. Keep a complete copy of everything you submit, including payment records and mailing or delivery confirmation.
Do not rely on an address from an older filing.
Step 8: Keep Both USCIS Receipt Notices
After USCIS accepts the filings, it generally issues separate receipt notices and receipt numbers for Form I-130 and Form I-485.
Keep both notices with your immigration records. Each receipt number identifies a separate filing and can be used to track the case through USCIS case-status tools.
Receiving both notices confirms that USCIS has accepted the filings for processing, but it does not mean the forms have been approved.
What Fees Do You Pay When Filing I-130 and I-485 Together?
Concurrent filing does not create one combined USCIS filing fee. Form I-130 and Form I-485 are separate applications, so each generally has its own government filing fee.
Other forms submitted with the case may also have separate fee rules depending on the form and the applicant’s circumstances. Because USCIS can update filing fees and payment requirements, confirm the current amount for each form immediately before submitting the package.
Do not assume that filing both forms together means paying one total fee or that older fee amounts still apply.
For current fee details, see the Form I-130 filing fee and Form I-485 filing fee guides.
Where Do You File I-130 and I-485 Together?
The correct filing location depends on the current USCIS instructions for your concurrent filing package.
Mailing addresses can vary based on the filing category and other case circumstances, and USCIS can update those addresses. Check the current USCIS filing location immediately before mailing Form I-130 and Form I-485 together.
Do not rely on a lockbox address from an older article, previous application, or saved document.
Also, filing Form I-130 online does not necessarily mean the entire concurrent filing can be completed online. Form I-485 may still need to follow the filing method and location USCIS specifies for the case.
Always confirm the current USCIS instructions before submitting the concurrent filing package.
How Long Does Concurrent I-130 and I-485 Filing Take?
There is no single combined processing time for concurrently filed Form I-130 and Form I-485.
USCIS processes the forms as separate filings, even when they are submitted together. For concurrent Adjustment of Status cases, USCIS generally directs applicants to review the applicable Form I-485 processing time for the office handling the case.
How long the case takes can vary based on factors such as the USCIS field office, the type of family-based case, whether additional evidence is requested, and USCIS workload.
Concurrent filing allows an eligible applicant to submit Form I-485 without waiting for Form I-130 approval first, but it does not guarantee a faster decision.
For current timing information, see the Form I-485 processing time guide.
What Happens After Concurrent Filing?
After USCIS accepts the concurrent filing package, it generally issues separate receipt notices for Form I-130 and Form I-485.
USCIS then reviews both filings under the requirements that apply to each form. During the process, USCIS may:
- review the forms and supporting evidence;
- request additional evidence if more information is needed;
- schedule any required case-processing steps; and
- make separate decisions on Form I-130 and Form I-485.
Concurrent filing does not mean both forms will be approved at the same time.
Form I-130 must establish the qualifying family relationship, while Form I-485 must independently meet the requirements for Adjustment of Status. Approval of Form I-130 therefore does not automatically mean Form I-485 will also be approved.
Keep both receipt notices and use the separate receipt numbers to track the filings.
Before Filing Both Forms Together, Check These Issues
Before submitting Form I-130 and Form I-485 together, review the complete filing package carefully.
Check that:
- there is a qualifying family relationship for Form I-130;
- the correct person is listed as the petitioner and the correct person as the beneficiary/applicant;
- the beneficiary is eligible to file Form I-485;
- an immigrant visa is available when required;
- you are using the current USCIS editions of both forms;
- all required signatures are included;
- names, dates, addresses, and immigration information are consistent across the forms;
- the required supporting evidence for both forms is included;
- the current filing fees and accepted payment methods are used; and
- the package is being sent to the correct USCIS filing location.
A final review before mailing can help identify missing information or inconsistencies that should be corrected before USCIS receives the package.
FAQs About Concurrent Filing I-130 and I-485
Can USCIS approve Form I-130 before Form I-485?
Yes. Concurrent filing means the forms are submitted at the same time, not that USCIS must decide them together. USCIS may approve Form I-130 before making a final decision on Form I-485. Each form has separate eligibility requirements and receives its own decision.
Can I file Form I-485 later if I already filed Form I-130?
Yes, if you become eligible to file Form I-485 later. For example, someone in a family-preference category may file Form I-130 first and wait until an immigrant visa becomes available before submitting Form I-485. The applicant must still meet the Adjustment of Status requirements at the time of filing.
What if a visa becomes unavailable after I file Form I-485?
If Form I-485 was properly filed when a visa was available, later changes in visa availability can affect when USCIS is able to make a final decision. USCIS may hold the adjustment application until a visa becomes available again rather than requiring a new filing solely because availability changed.
Can USCIS request evidence separately for Form I-130 and Form I-485?
Yes. Because Form I-130 and Form I-485 serve different purposes, USCIS may request additional evidence related to either filing. Read any Request for Evidence carefully, identify which form or issue it concerns, and submit the requested information by the deadline shown in the notice.
What happens to Form I-485 if Form I-130 is denied?
When Form I-485 depends on the family relationship established through Form I-130, an I-130 denial can prevent approval of the related adjustment application. USCIS will issue written decisions explaining the outcome and any available next steps. The effect can depend on the specific case and basis for the denial.
Preparing to File I-130 and I-485 Together?
ImmigrationDirect can help you check your eligibility based on the answers you provide, then guide you through preparing Form I-130 and Form I-485 step by step. The service also helps organize your filing information and review your responses for missing or inconsistent details before submission.
ImmigrationDirect is not USCIS. USCIS makes the final determination on eligibility and approval.