Navigating the Marriage-Based Green Card Process Through Concurrent Filing
For many couples consisting of a U.S. citizen and a foreign national spouse, obtaining a marriage-based green card is a major milestone. When both spouses are physically present in the U.S., the process can be streamlined through what's known as concurrent filing. This pathway allows the foreign spouse to apply for a green card (Form I-485) at the same time the U.S. citizen spouse submits the immigrant petition (Form I-130).
Below, we outline each step of the concurrent filing process and what applicants should expect along the way.
1. Filing the I-130 and I-485 Concurrently
The journey begins when both the I-130 (Petition for Alien Relative) and the I-485 (Application to Register Permanent Residence or Adjust Status) are submitted together to USCIS. Alongside these, applicants typically submit Form I-765 (for a work permit), Form I-131 (for advance parole or travel permit), Form I-864 (Affidavit of Support), and Form I-693 (medical exam report). This combined packet ensures that the green card process begins immediately without waiting for I-130 approval first.
Estimated Time to Receipt Notice: 2–4 weeks from USCIS submission
2. Biometrics Appointment
After receiving the receipt notices, USCIS schedules a biometrics appointment where the applicant provides fingerprints and a photo. This step is essential for background checks.
Estimated Time: 4–8 weeks after submission
3. Receiving Work and Travel Permits
Once biometrics are completed, USCIS will review the I-765 and I-131 forms. If approved, the applicant will receive a combo card that serves as both a work permit and travel authorization.
Estimated Time: 3–6 months
4. Interview
Most applicants will be scheduled for a marriage-based green card interview at their local USCIS field office. Both spouses must attend and provide proof that the marriage is genuine (photos, joint financial records, lease agreements, etc.).
Estimated Time: 10–14 months after submission
5. Conditional Green Card Issuance
If the marriage is less than two years old at the time of green card approval, the foreign spouse will receive a 2-year conditional green card. This grants the right to live and work in the U.S. but requires another application later to remove conditions.
6. Removal of Conditions
Within 90 days before the conditional green card expires, the couple must file Form I-751 to remove conditions and apply for the 10-year green card. This form must again demonstrate that the marriage is ongoing and bona fide.
Estimated Time for I-751 approval: 12–18 months
Final Thoughts
Concurrent filing is a practical and efficient path to a green card for foreign spouses already living in the U.S. However, each stage of the process requires careful documentation and compliance. A single misstep—whether it be a lack of evidence, late filing, or incorrect forms—can delay or derail the process.
If you're preparing to file concurrently, or unsure of your eligibility or timing, seeking legal advice from an immigration attorney is strongly recommended. At Jun Law Firm, we guide couples through every stage, from filing to interview to final approval.
Contact us:
Law Office of Hong-min Jun P.C
✉️ askus@junlawfirm.com
📞 317-701-2768
Let us help you take the right steps—together.