R
Rod L
Jul 5, 2025
Concurrent Filing?
Hello all, I pretty much needed some clarification as I was a bit confused. Im a US citizen, I submitted forms I-130 & I-130A back in August 2024 on behalf of my wife who is in our home country and we’re still waiting for a response. I was looking at the form I-485 and was wondering if I can file it now even though she’s not in the USA or is that to be done after she gets approved and gets a visa.
ADVERTISEMENT
hi new Jul 5, 2025
I think I-485 form is for spouse who is in the US not outside
hi new Jul 5, 2025
Generally, you cannot file Form I-485, Application to Register Permanent Residence or Adjust Status, while residing outside the U.S. if you are the beneficiary of a pending Form I-130, Petition for Alien Relative. The I-485 is filed for adjustment of status, which typically requires the applicant to be physically present in the United States. If the I-130 petitioner is residing in the US, the beneficiary can potentially file the I-485 concurrently with the I-130 or while it's pending. However, if the beneficiary is residing outside the US, the I-130 must generally be approved, and then the process moves to consular processing, where the beneficiary applies for an immigrant visa at a U.S. embassy or consulate abroad.
Vishal PatelJul 5, 2025
You can file K3 visa and it’s free to file. It will make the process bit faster.
D
Dwight MckieJul 5, 2025
no you can’t. only if wife was in usa
J
JD LJul 6, 2025
@Rod L I-485 is only for those already in the US. however, like @Vishal Patel said, you can file for K-3 however there is an additional fee involved, it’s not free.
Vishal PatelJul 6, 2025
@JD LK-3 visa Form I-129F (Petition for Alien Fiancé(e)): There is no fee for filing Form I-129F when used for a spouse of a US citizen.
J
JD LJul 7, 2025
@Vishal Patel Now there is a fee. Before April 2024 there was no fee. USCIS has updated its fee schedules…
R
Rod LJul 7, 2025
ok thank you everyone I really appreciate your help
Vishal PatelJul 7, 2025
@JD L If filing for K-3 status based on the Form I-130, Petition for Alien Relative (https://www.uscis.gov/i-130), you filed. it’s $0 Link for reference: https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
J
JD LJul 7, 2025
@Vishal Patel You’re right, thanks.

Popular hashtags