Concurrent Filing of Visa Petition and Adjustment of Status
A petitioner and beneficiary may file an I-130 visa petition and I-485 application to adjust status concurrently in some situations. In order to file concurrently, the petitioner and applicant must be able to meet all the requirements including
- The beneficiary cannot be an exchange visitor under INA 212(e) or must have received a waiver.
- If the petitioner is a lawful permanent resident and the second preference category is not current, the beneficiary cannot apply for adjustment of status.
- If the beneficiary entered on a K-1 fiance visa and the I-130 petitioner is not the same person that filed the I-129F, the beneficiary cannot adjust status.
The evidence packet submitted with the concurrent I-130 visa petition and I-485 application to adjust status must prove meet the stringent requirements set down in the INA including proof of good faith marriage, freedom to marry, proof of lawful admission, proof of immigration status of petitioner, etc. The petitioner and beneficiary should include all relevant forms or the case could be delayed or rejected. If the concurrent filing does not include all necessary information and documents, the couple will likely receive a request for additional evidence.
The couple will be required to attend an interview together. They will be asked many questions about their relationship including how they met, when they started dating, who proposed to whom and when they moved in together. Questions about family members are often included as well.
FAMILY BASED SERVICES
N-400 Naturalization Application
I-130 Visa Petition Process
I-485 Adjustment of Status
INA 245(i) Adjustment of Status
Same Sex Marriage
Visa Interviews at Consulate
Extreme Hardship Waiver
I-601A Provisional Unlawful Presence Waiver
I-751 Removal of Conditions on Green Card
U Visa - Victim of a Crime
T Visa - Human Trafficking Victim
Deferred Action for Childhood Arrivals
I-730 Form: Petition for Relative Living Abroad
Reinstating Visa Petition Due to Deceased Petitioner
Visa Delays, Denials & Appeals
How Nelson & Nuñez, P.C. Can Help