— Key Takeaways

• Concurrent filing means submitting Form I-130 (family petition) and Form I-485 (adjustment of status) at the same time.
• It is primarily available to immediate relatives of U.S. citizens (spouse, unmarried child under 21, parent).
• You can also file Form I-765 (EAD) and Form I-131 (advance parole) at the same time.
• Concurrent filing can save months or longer compared to sequential filing.
• Always check current USCIS filing fees before submitting your applications.

Concurrent filing of Form I-130 and Form I-485 is one of the most efficient strategies in family-based immigration. Instead of waiting months or longer for the I-130 to be approved before filing the I-485, eligible applicants can submit both forms at the same time—potentially saving significant time in the green card process.

In this guide, we explain what concurrent filing means, who is eligible, the required forms and fees, the benefits and risks, and a step-by-step guide to help you through the process. Whether you are a U.S. citizen sponsoring a spouse or a family member exploring your options, this article covers everything you need to know.

What Is Concurrent Filing?

Concurrent filing is the process of submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) to USCIS at the same time, in the same package. Normally, the I-130 must be approved before the beneficiary can file the I-485. However, concurrent filing allows both steps to proceed simultaneously.

The concept is straightforward: instead of a two-step sequential process (file I-130, wait for approval, then file I-485), you combine everything into a single filing. USCIS processes the I-130 and I-485 together, which can significantly reduce the overall timeline.

Who Is Eligible for Concurrent Filing?

Concurrent filing is available when an immigrant visa number is immediately available at the time of filing. In practice, this means concurrent filing is most commonly used by:

Immediate Relatives of U.S. Citizens

This is the most common scenario for concurrent filing. Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children (under 21) of U.S. citizens
• Parents of U.S. citizens (the petitioning citizen must be 21 or older)

Because immediate relatives are not subject to annual visa number caps, a visa number is always immediately available—making concurrent filing always an option for this group.

Preference Category Applicants

Applicants in family-based or employment-based preference categories may also be eligible for concurrent filing, but only when their priority date is current on the Visa Bulletin (specifically, the Dates for Filing chart, if USCIS accepts it for the month). This is less common and depends on the specific category, country of birth, and the current state of the Visa Bulletin.

When Concurrent Filing Is Available

For immediate relatives, concurrent filing is always available because there is no visa backlog for this category.

For preference categories, concurrent filing is available when:

• Your priority date is current on the applicable Visa Bulletin chart
• USCIS has indicated that the “Dates for Filing” chart applies for the relevant month (USCIS announces this monthly)

If you are in a preference category and your priority date is not current, you cannot concurrently file. You must wait until your priority date becomes current before filing the I-485.

Required Forms and Fees Breakdown

Concurrent filing involves several forms. Below is a breakdown of the typical forms and their associated fees. Always check the current fee schedule on the USCIS website, as fees are updated periodically.

Form	Purpose
Form I-130	Petition for Alien Relative — establishes the qualifying family relationship
Form I-130A	Supplemental Information for Spouse Beneficiary (if petitioning for a spouse)
Form I-485	Application to Register Permanent Residence or Adjust Status
Form I-485 Supplement A	Required if the applicant needs to pay the penalty fee for certain unlawful presence situations
Form I-765	Application for Employment Authorization (optional but recommended)
Form I-131	Application for Travel Document / Advance Parole (optional but recommended)
Form I-864	Affidavit of Support (required for family-based cases)
Form I-693	Report of Medical Examination (completed by a USCIS civil surgeon)

 

The filing fees for each form are listed on the USCIS website at uscis.gov/fees. Note that the I-485 filing fee may include the I-765 and I-131 fees for certain applicants—check the current fee structure carefully.

Benefits of Concurrent Filing

Concurrent filing offers several significant advantages:

Time Savings

The most obvious benefit is reduced overall processing time. Instead of waiting for the I-130 to be approved before filing the I-485 (which could take many months), both forms are processed together.

Employment Authorization (EAD)

By filing Form I-765 concurrently, you can receive an Employment Authorization Document (EAD) while your green card application is pending. This allows you to work for any employer in the United States.

Advance Parole

Filing Form I-131 concurrently provides advance parole—the ability to travel internationally and return to the U.S. while your I-485 is pending. Without advance parole (or a valid H-1B, L-1, or similar status), leaving the U.S. after filing the I-485 may be considered an abandonment of the application.

Combo Card

In many cases, USCIS issues a single combo card that serves as both your EAD and advance parole document, combining the benefits of both in one card.

Protection Against Aging Out

For unmarried children who are close to turning 21, concurrent filing can help protect against “aging out” of the immediate relative category under the Child Status Protection Act (CSPA).

Risks and Considerations

While concurrent filing has significant advantages, there are some risks and considerations:

• If the I-130 is denied, the I-485 will also be denied. The I-485 depends on the underlying I-130. If the family relationship is not established, the green card application fails.
• Filing fees are nonrefundable. Even if your case is denied, you will not get your filing fees back.
• Travel restrictions. Until you receive advance parole, traveling outside the U.S. may be considered an abandonment of your I-485 (unless you have H-1B, L-1, or certain other valid statuses).
• Status issues. If you are out of status and not an immediate relative of a U.S. citizen, concurrent filing may not be available or advisable. Consult with an immigration attorney.
• Misrepresentation or fraud concerns. If USCIS determines that the underlying relationship is not genuine (e.g., a fraudulent marriage), both the I-130 and I-485 will be denied, with potential long-term consequences.

Step-by-Step Filing Guide

Here is a general overview of the concurrent filing process:

1. Determine eligibility. Confirm that you qualify as an immediate relative (or that a visa number is available for your preference category). Consult with an immigration attorney if needed.
2. Complete the medical exam. Schedule an appointment with a USCIS-designated civil surgeon to complete Form I-693. This must be included with your I-485 filing.
3. Gather supporting documents. Collect all required documents, including identification, civil documents (birth certificates, marriage certificates), evidence of the relationship, and financial support evidence (I-864).
4. Complete all forms. Fill out Forms I-130, I-130A (if applicable), I-485, I-765, I-131, I-864, and any other required forms. Review each form carefully for accuracy.
5. Prepare passport photos. Have passport-style photos taken according to USCIS specifications for each form that requires them.
6. Calculate and include filing fees. Check the current fee schedule on uscis.gov. Include the correct fee for each form. You may pay by check, money order, or (for online filings) credit card.
7. Organize and mail the package. Assemble all forms, supporting documents, fees, and photos into a single package. Mail to the correct USCIS Lockbox address (check uscis.gov for the most current address). Use a trackable mailing service.
8. Receive receipt notices. USCIS will send separate receipt notices (I-797C) for each form in your package. These notices contain your receipt numbers.
9. Attend biometrics appointment. USCIS will schedule a biometrics appointment at a local ASC to collect fingerprints, photo, and signature.
10. Attend the interview (if required). USCIS will schedule an interview at your local field office. Both the petitioner and beneficiary must attend.

What Happens After Filing

After you submit your concurrent filing package, here is what to expect:

• Receipt notices: You will receive receipt notices for each form within a few weeks of USCIS receiving your package.
• Biometrics: A biometrics appointment notice will be mailed to you, typically scheduled a few weeks after receipt.
• EAD/Advance Parole: If you filed I-765 and I-131, USCIS will process these and issue your EAD and/or combo card.
• Interview notice: USCIS will send you an interview appointment notice with the date, time, and location of your interview.
• Decision: After the interview (or after adjudication if no interview is required), USCIS will issue a decision on both the I-130 and I-485.

Interview Preparation

If your case requires an interview, preparation is key. Here are tips:

• Review your application. Read through all forms and supporting documents before the interview. You should be familiar with everything you submitted.
• Bring originals. Bring all original documents (marriage certificate, birth certificates, passport, etc.) to the interview.
• Bring updated evidence. If anything has changed since you filed (new address, new job, new family members), bring documentation.
• For spouse cases: Be prepared to answer questions about your relationship, how you met, your daily life together, and other details that demonstrate a bona fide marriage.
• Dress professionally. First impressions matter. Dress as you would for a professional meeting.
• Be honest. Answer all questions truthfully. If you do not understand a question, ask for clarification.
• Consider having your attorney present. You have the right to be represented by an attorney at your USCIS interview.

Processing Times and Document Checklist

Concurrent filing processing times vary based on the USCIS field office handling your case and current overall workloads. Check the USCIS processing times tool for your specific field office at uscis.gov/processing-times.

Document Checklist for Concurrent Filing

Below is a general checklist. Your specific case may require additional documents.

• Completed Form I-130
• Completed Form I-130A (for spouse petitions)
• Completed Form I-485
• Completed Form I-765 (if requesting EAD)
• Completed Form I-131 (if requesting advance parole)
• Completed Form I-864, Affidavit of Support (with supporting financial documents)
• Completed Form I-693 (sealed medical examination)
• Passport-style photos for each form
• Copy of the petitioner’s U.S. citizenship evidence (birth certificate, certificate of naturalization, U.S. passport)
• Copy of the beneficiary’s passport, visa, and I-94
• Marriage certificate (for spouse petitions)
• Birth certificates (for parent/child petitions)
• Evidence of bona fide relationship (for spouse petitions: joint tax returns, joint bank accounts, lease/mortgage, photos, correspondence)
• Evidence of any legal name changes
• Divorce decrees or death certificates for any prior marriages (for either party)
• Court records for any criminal history (if applicable)
• Filing fees for all forms (check uscis.gov for current amounts)

How Bay Legal, PC Can Help

Navigating the immigration process can be complex and stressful. At Bay Legal, PC, we provide personalized guidance to help you understand your options, prepare thorough applications, and respond to any issues that arise during processing. Our experienced immigration attorneys work closely with each client to develop the strongest possible case.

Contact us today for a consultation:

Phone: (650) 668-8008

Email: intake@baylegal.com

 

Frequently Asked Questions

1. What does concurrent filing mean?

Concurrent filing means submitting Form I-130 (family petition) and Form I-485 (adjustment of status application) to USCIS at the same time, rather than waiting for the I-130 to be approved first.

2. Who can concurrently file I-130 and I-485?

Concurrent filing is most commonly available to immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents). Preference category applicants may also concurrently file when a visa number is immediately available.

3. How much does concurrent filing cost?

The total cost includes the filing fees for all forms (I-130, I-485, I-765, I-131, etc.). Check the current fee schedule at uscis.gov/fees, as fees change periodically. You may also need to budget for the civil surgeon medical exam, passport photos, and document preparation.

4. Can I work while my concurrent filing is pending?

Yes, if you file Form I-765 and receive an Employment Authorization Document (EAD). The EAD allows you to work for any employer in the U.S. while your I-485 is pending.

5. Can I travel while my concurrent filing is pending?

Yes, if you file Form I-131 and receive advance parole (or have a valid H-1B, L-1, or similar status). Traveling without advance parole or a qualifying status may be considered an abandonment of your I-485.

6. Is concurrent filing faster than filing sequentially?

Yes, in most cases. By filing both forms at the same time, you eliminate the waiting period between I-130 approval and I-485 filing, which can save several months or more.

7. What happens if the I-130 is denied during concurrent processing?

If the I-130 is denied, the I-485 will also be denied because the I-485 depends on the approval of the underlying immigrant petition.

8. Do I need an interview for concurrent filing?

Most family-based concurrent filing cases require an interview at a USCIS field office. Both the petitioner and the beneficiary should be prepared to attend.

9. Can I file online or do I need to mail the forms?

As of the most recent USCIS guidance, some forms can be filed online while others must be mailed. Check the USCIS website for the most current filing instructions for each form.

10. Should I hire an immigration attorney for concurrent filing?

While not legally required, concurrent filing involves multiple forms, significant documentation, and strict requirements. An experienced immigration attorney can help ensure your filing is complete, accurate, and well-prepared, reducing the risk of delays or denials.

Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. Each immigration case is unique, and results will depend on the specific facts of your situation. Past results do not guarantee future outcomes. For personalized legal guidance, contact Bay Legal, PC. Principal Office: Jayson Elliott, Esq., Bay Legal, PC, 667 Lytton Ave Suite 3, Palo Alto, CA 94301.