Navigating Concurrent Filing for a Spouse with USCIS in the United States

Love knows no boundaries, and neither does the United States Citizenship and Immigration Services (USCIS) when it comes to reuniting families. For many couples, the path to permanent residency for a foreign national spouse begins with a tourist or work visa. If you find yourself in this situation, concurrent filing may be an option worth considering.

In this blog, we will explore the concept of concurrent filing and how it can help spouses achieve lawful permanent resident status while staying in the United States.

Understanding Concurrent Filing

Concurrent filing, also known as "one-step" or "one-petition" filing, is a process that allows a foreign national who is in the United States on a nonimmigrant visa (like a tourist visa, work visa, or even a student visa) to apply for an adjustment of status to become a lawful permanent resident (green card holder). The key aspect of concurrent filing is that it allows the foreign national to pursue their green card while remaining in the United States, without needing to return to their home country.

Here's how it works:

1. Eligibility: To be eligible for concurrent filing, the foreign national spouse must have entered the United States lawfully, typically on a nonimmigrant visa. Additionally, the U.S. citizen spouse should be eligible to sponsor the foreign national spouse. This process is generally applicable to immediate relatives of U.S. citizens, including spouses.

2. Filing Forms: The primary forms involved in concurrent filing are Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. The U.S. citizen spouse files the I-130, while the foreign national spouse files the I-485.

3. Supporting Documents: Along with the forms, a comprehensive package of supporting documents, including marriage certificates, financial records, and proof of lawful entry, is required. It's essential to submit these documents accurately to avoid any delays or denials. This is the main reason clients look to partner with us to have a process that they know will be complete, accurate and thorough to avoid delays.

4. Biometrics and Interviews: Both the U.S. citizen spouse and the foreign national spouse will need to attend biometrics appointments, and in some cases, an interview. These steps are to verify the validity of the marriage and the eligibility of the foreign national spouse. In another blog I will outline the steps and timing of the process.

5. Work Authorization and Travel Document: While the green card application is pending, the foreign national spouse can apply for a work permit (Form I-765) and a travel document (Form I-131). This allows them to work legally and travel outside of the U.S. while their green card application is being processed.

Benefits of Concurrent Filing

1. Stay in the United States: Perhaps the most significant advantage of concurrent filing is that the foreign national spouse can remain in the U.S. with their U.S. citizen spouse throughout the entire process. This eliminates the need for a potentially long and uncertain separation.

2. Work and Travel: As mentioned earlier, the foreign national spouse can apply for a work permit and travel document. This flexibility can greatly improve their quality of life and ensure they are not financially dependent on the U.S. citizen spouse during the green card application process.

3. Quicker Path to Permanent Residency: Concurrent filing can often result in a faster path to obtaining lawful permanent resident status. This is because the I-130 and I-485 are processed together, streamlining the overall procedure.

Conclusion

Concurrent filing is a valuable option for spouses who have entered the United States on a tourist or work visa and wish to obtain lawful permanent resident status. It allows couples to navigate the immigration process without lengthy separations and provides numerous benefits, including the ability to work and travel while the green card application is pending.

However, it's essential to note that the immigration process can be complex, and the requirements and procedures may change over time. Therefore, consulting with an experienced immigration firm or seeking guidance is highly recommended. With the right information and professional assistance, couples can successfully navigate the path to a reunited and permanent life in the United States.