Concurrent Filing I-130 and I-485: Process & Fees

Filing Form I-130 (Petition for Alien Relative) together with Form I-485 (Application to Register Permanent Residence or Adjust Status) lets a relative apply for a green card in a single package instead of waiting for the petition to be approved first. This guide explains who qualifies for concurrent filing in 2026, the government fees, current processing times, the forms and evidence involved, and the recent policy changes that affect a case, written for the petitioner sponsoring a relative and the beneficiary seeking the green card.

What Concurrent Filing Means and Who Qualifies

Concurrent filing means submitting the I-130 petition and the I-485 green card application at the same time, in one package, rather than filing the I-485 only after the I-130 is approved. USCIS reviews the petition first, and if it is approvable and a visa number is still available, it adjudicates the green card application in the same window. This can remove many months from the overall timeline, but it is a procedure, not a way around the annual visa caps.

The rule that controls eligibility is whether an immigrant visa number is immediately available in the category at the time of filing. That rule splits family cases into two groups that behave very differently.

Immediate Relatives of U.S. Citizens

Immediate relatives face no annual numerical limit, so a visa is always available and concurrent filing is always permitted. Per USCIS, this category includes:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of a U.S. citizen who is at least 21 years old

These applicants' categories typically do not face Visa Bulletin backlogs and can file the full package once they are ready, as long as the beneficiary is in the U.S. and otherwise eligible to adjust status.

Family Preference Categories

Preference categories are capped each year and subject to a 7% per-country limit, which creates backlogs. These are:

• F1: Unmarried adult sons and daughters of U.S. citizens
• F2A: Spouses and minor children of lawful permanent residents (green card holders)
• F2B: Unmarried adult sons and daughters of green card holders
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of adult U.S. citizens

For these groups, concurrent filing works only when the priority date (the date USCIS received the I-130) is current under the chart USCIS designates for that month. When the category is backlogged, the I-130 is filed and approved first, and the I-485 waits until a visa number becomes available.

The Beneficiary Must Be Eligible to Adjust

To use adjustment of status at all, the beneficiary must be physically present in the U.S., have been "inspected and admitted or paroled," and not be barred under INA 245(c). Immediate relatives receive important forgiveness here: most overstays, certain status violations, and limited unauthorized employment do not block an immediate relative from adjusting, though these bars still apply to preference categories.

Note: Someone who entered the U.S. without inspection generally cannot adjust status and uses consular processing instead, unless they are grandfathered under INA 245(i) by a qualifying petition filed on or before April 30, 2001. Concurrent filing is an adjustment-of-status procedure only and is not available through consular processing, because the petition and the visa application are handled by two different agencies.

2026 Filing Fees: Complete Breakdown

All figures below have been in effect since the USCIS fee rule that took effect April 1, 2024, and remain current as of June 2026. Recent 2025 federal fee legislation did not change the family-based fees listed here. Each form requires a separate payment.

Required and Optional Form Fees

• Form I-130 (Petition for Alien Relative): $675 by paper, $625 online (a $50 online discount applies)
• Form I-485 (Adjustment of Status): $1,440 for an applicant 14 or older, or $950 for an applicant under 14 who files concurrently with a parent, with biometric services included rather than billed separately
• Form I-765 (work permit / EAD) filed with a pending I-485: $260 (the $50 online discount does not apply to this reduced fee)
• Form I-131 (Advance Parole / travel document): $630
• Form I-864 (Affidavit of Support): no USCIS fee
• Form I-693 (medical exam record): no USCIS fee, though the civil surgeon sets a separate exam charge
• Form I-130A (spouse supplement): no fee

What Changed and What Does Not Apply

Before April 2024, the I-485 fee covered the work permit and travel document at no extra cost. The current rule unbundled them, so requesting both adds $890 to the total. USCIS also replaced the prior reduced child fee structure: an applicant under 14 who files concurrently with a parent now pays a reduced $950, while all other applicants pay the same $1,440.

The Asylum Program Fee does not apply to family cases. It is an employment-based fee charged on Forms I-129 and I-140, and it is never paid on an I-130 or I-485.

Estimated Total Government Cost (One Adult, Immediate Relative)

• Full package with work and travel permission: I-130 paper ($675) + I-485 ($1,440) + I-765 ($260) + I-131 ($630) = $3,005 (or $2,955 if the I-130 is filed online)
• Core filing only: I-130 paper + I-485 = $2,115
• Additional costs not paid to USCIS: the civil surgeon's medical exam (commonly a few hundred dollars), passport-style photos, and any certified-translation costs

Payment method update: As of October 28, 2025, USCIS no longer accepts personal checks or money orders for most paper filings. Payment is made by credit, debit, or prepaid card using Form G-1450, by ACH withdrawal from a U.S. bank account using Form G-1650, or online through a USCIS account. A narrow paper-payment exemption is available using Form G-1651. The current fee schedule lists all amounts.

Processing Times in 2026

Family-based timelines vary by form and category. The USCIS Processing Times tool reports current national estimates, updated monthly. USCIS describes its published figure as the time within which it completed 80% of recently adjudicated cases, and the online tool also displays a median. The ranges below reflect representative medians as of June 2026, with upper bounds running longer:

• I-130, immediate relative filed concurrently: often faster than a standalone petition because it is adjudicated alongside the I-485, frequently in the range of 8 to 15 months
• I-485, family-based adjustment: a median of roughly 6 months, with some cases extending up to about 14 months
• I-765 (work permit) with a pending I-485: generally 2 to 5 months, often issued as a combined card with Advance Parole
• I-131 (Advance Parole): a median around 6 months, while the figure for 80% of completed cases can approach 14 to 15 months; concurrent filers usually receive a combined EAD/Advance Parole card

Two structural points shape every family timeline. First, there is no premium processing for any of these forms, so there is no way to pay to expedite. Second, an in-person interview is usually required for family-based adjustment, and scheduling that interview is often the step that determines how long the whole case takes.

The Concurrent Filing Process, Step by Step

Phase 1: Confirm Eligibility and Gather Evidence

Eligibility depends on the relationship qualifying and on the beneficiary having entered lawfully and being able to adjust. The petitioner gathers proof of U.S. citizenship or green card status, proof of the qualifying relationship, the beneficiary's lawful-entry record, and the financial documents needed for the Affidavit of Support.

Documents typically involved:

• Petitioner's status: U.S. passport, birth certificate, naturalization certificate, or green card
• Qualifying relationship: marriage certificate for a spouse, birth certificates for a parent or child, and proof that any prior marriages ended
• Beneficiary's lawful entry: the Form I-94 arrival record, visa stamp, or admission/parole stamp
• Financial documents: the sponsor's most recent federal tax return, W-2s or 1099s, recent pay stubs, and an employment-verification letter

Phase 2: Assemble the Concurrent Package

A complete family-based concurrent package generally includes the petition, the adjustment application, the financial commitment, the medical exam, and optionally the work and travel applications. Filing them together is what creates the time savings.

• Form I-130 (and Form I-130A if the beneficiary is a spouse)
• Form I-485, the green card application itself
• Form I-864 (Affidavit of Support), the sponsor's binding financial commitment
• Form I-693, the sealed medical exam from a USCIS-designated civil surgeon
• Form I-765 for a work permit and Form I-131 for Advance Parole, for work and travel while the case is pending

Phase 3: File and Complete Biometrics

The package goes to the correct lockbox address, which differs when an I-485 is filed at the same time. The I-130 can be filed online, but the I-485 generally must be submitted on paper, so most families mail the entire package together. USCIS then sends receipt notices (Form I-797C) and schedules a biometrics appointment for fingerprints and a photo.

Phase 4: Work and Travel While the Case Is Pending

When the I-765 and I-131 are filed, USCIS usually issues a combined EAD/Advance Parole card that lets the beneficiary work and travel while the I-485 is pending. Departing the U.S. while the I-485 is pending without an approved Advance Parole document is generally treated as abandoning the application.

Phase 5: Interview and Decision

Most family cases are scheduled for an interview at a USCIS field office. The officer confirms the relationship, reviews original documents, and for spouses assesses whether the marriage is bona fide. A marriage that is less than two years old when the green card is approved results in a conditional two-year card, which requires filing Form I-751 later to remove the conditions.

The Affidavit of Support and Income Requirements

The sponsor signs Form I-864, a legally enforceable promise to financially support the immigrant. The sponsor must show household income of at least 125% of the Federal Poverty Guidelines for the household size, or 100% if the sponsor is on active duty in the military sponsoring a spouse or child. USCIS publishes the current thresholds on the Form I-864P page.

When the sponsor's income falls short, three common options apply:

• Use qualifying assets, generally valued at five times the shortfall (three times for a spouse or child of a U.S. citizen)
• Add a household member's income using Form I-864A
• Bring in a joint sponsor who independently meets the 125% threshold and files a separate I-864

Income shortfalls are among the most frequent reasons USCIS issues a Request for Evidence.

Proving a Bona Fide Marriage

For spouse cases, USCIS evaluates whether the marriage is genuine using a totality-of-the-circumstances review and screens for marriage fraud. Strong cases include current evidence spanning several categories rather than a single document type.

• Joint financial life: shared bank accounts, joint bills, joint insurance policies, and joint tax returns
• Shared residence: a lease or mortgage in both names and mail addressed to both spouses
• Relationship history: photos together over time, travel records, and birth certificates of any children
• Third-party corroboration: sworn affidavits from people who know the couple
• Photographs: genuine photographs taken at different points of the relationship

Officers give the most weight to current joint documents and a coherent relationship timeline. Thin or inconsistent evidence can lead to a Request for Evidence, a Notice of Intent to Deny, or a separate spousal interview where each partner is questioned individually.

Recent Policy Changes That Affect a Case

Several 2024 to 2026 changes raise the stakes for filing a complete, accurate package the first time.

• Medical exam required at filing. Effective December 2, 2024, Form I-693 must be submitted with the I-485, or USCIS may reject the application. COVID-19 vaccination is no longer required; USCIS waived it effective January 22, 2025, and the CDC removed it from the civil surgeon instructions on March 11, 2025.
• Stricter CSPA age calculation. Under an August 2025 USCIS policy update, for applications filed on or after August 15, 2025, a visa "becomes available" for Child Status Protection Act age purposes based on the more restrictive Final Action Dates chart rather than the Dates for Filing chart. This reverses the February 14, 2023 policy that had used the Dates for Filing chart. Adjustment applications pending before August 15, 2025 continue under the earlier method, and an extraordinary-circumstances exception remains available. Fewer children are protected from aging out as a result. For immediate-relative children of U.S. citizens, the child's age is frozen on the date the I-130 is filed.
• Federal fee legislation. The One Big Beautiful Bill Act (HR-1), signed July 4, 2025, created several new, non-waivable immigration fees affecting asylum, parole, Temporary Protected Status, and certain other humanitarian categories, effective for requests postmarked on or after July 22, 2025 and inflation-adjusted effective January 1, 2026. It did not change the family-based I-130, I-485, I-765, or I-131 fees. A separate $1,000 immigration parole fee took effect October 16, 2025, with adjustment applicants traveling on an approved Advance Parole document generally exempt.
• Electronic payment only. As of October 28, 2025, USCIS stopped accepting checks and money orders for most paper filings, so payment is made by card, ACH withdrawal, or online.

Adjustment of Status vs. Consular Processing

Concurrent filing is available only through adjustment of status, which is for a beneficiary who is already in the U.S., entered lawfully, and is eligible to adjust. It allows the person to remain in the country, work, and travel with Advance Parole while the case is pending.

Consular processing is required when the beneficiary is outside the U.S., or is inside the U.S. but ineligible to adjust (for example, entered without inspection and is not covered by 245(i)). In those cases, the approved I-130 is sent to the National Visa Center and then to a U.S. embassy or consulate for an immigrant-visa interview. Because the petition is handled by USCIS and the visa application by the Department of State, the two cannot be filed concurrently.

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For an employment-based path such as an O-1 or EB-2 NIW, Alma offers a consultation with an experienced attorney to discuss eligibility.