The Visa bulletin for July 2020 lists the final action date for the F2A category as current. Does that mean my permanent resident spouse and I can file the I-130 and I-485 forms concurrently? I have read contradictory information from various sources so I'd really appreciate answers with references and/or personal experience. Things to note: I am lawfully present in the United States; I am not from China, India, Mexico, or the Philippines.

1 Answer 1


Yes. The I-130 petition and I-485 for Adjustment of Status can be filed concurrently if a visa number is immediately available for the person's category (as determined by USCIS's Adjustment of Status filing chart). See 8 CFR 245.2(a)(2)(i)(B-C):

(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

(C) A visa petition and an adjustment application are concurrently filed only if:

(1) The visa petitioner and adjustment applicant each file their respective form at the same time, bundled together within a single mailer or delivery packet, with the proper filing fees on the same day and at the same Service office, or;


The categories for which concurrent filing are allowed are: the Immediate Relative category (INA 201(b)(2)(A)(i)), the family preference categories F1, F2A, F2B, F3, and F4 (INA 203(a)), and the employment-based categories EB1, EB2, and EB3 (INA 203(b)(1-3)).

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