Concurrent Filing of Form I-130 and Form I-485: A Delray Beach Spouse's Guide
Summary: Concurrent filing allows a foreign national spouse residing in the United States to submit Form I-130 and Form I-485 simultaneously to USCIS. Under INA Section 201(b)(2)(A)(i), spouses of U.S. citizens are Immediate Relatives, meaning an immigrant visa is immediately available upon filing. Qualifying foreign spouses lawfully present in Delray Beach or Palm Beach County can concurrently apply for their green card, work authorization (Form I-765), and travel clearance (Form I-131) without leaving the United States.
An immigration attorney at the Law Office of Andrew R. Sones meets with a client in South Florida to prepare concurrent family visa petitions.
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Statutory Eligibility under INA Section 245(a)
The petitioning spouse must be a U.S. citizen (LPR spouses fall under F2A and may not qualify for concurrent filing). The foreign national must have entered the U.S. after lawful inspection by a CBP officer. Immediate Relatives of U.S. citizens are exempt from the INA Section 245(c)(2) bar regarding unauthorized employment or failure to maintain continuous lawful status, provided their initial entry was lawful.
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The Complete One-Step Green Card Package
A successful concurrent filing packet must contain: Form I-130 + I-130A ($675 paper / $625 online); Form I-485 ($1,440 including biometrics); Form I-864 Affidavit of Support with complete tax returns and W-2s; Form I-693 Medical Examination sealed by a USCIS-designated Civil Surgeon; Form I-765 Work Permit ($260, optional); and Form I-131 Advance Parole ($630, optional). Omitting any core form or required fee will cause USCIS to reject the entire packet.
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Frequently Asked Questions (FAQ)
Can I travel outside the United States while my concurrent filing is pending?
No. You must NOT leave the U.S. until your Form I-131 Advance Parole is approved. Departing without it results in automatic abandonment of your Form I-485 under 8 CFR Section 245.2(a)(4)(ii).
What if my spouse entered the U.S. without inspection (EWI)?
Foreign nationals who entered without inspection are generally ineligible for adjustment of status under INA Section 245(a). An I-601A Provisional Waiver combined with consular processing must be evaluated.
Get it Right - First Time!!!
Executing a flawless concurrent green card packet requires meticulous handling of filing fee structures, intent timing, and statutory eligibility. At the Law Office of Andrew R. Sones, based in Deerfield Beach, Florida, we offer high-touch legal services tailored to international couples across South Florida and around the globe. Combining small-firm accessibility with top-tier legal strategy, Attorney Andrew R. Sones—member of AILA and the ABA—guides you through every step of the I-130/I-485 process to get your petition approved quickly, efficiently, and smoothly.
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