Whether concurrent filing is impossible for a marriage-based green card when the spouse is a green card holder
Hello. I changed from student status to H-1B, and while going through employment-based immigration at a very slow pace, I’m now about to get married.
My spouse is a green card holder. I’ve heard that, unlike others, I can’t file I-485 concurrently with I-130 when filing — please confirm.
For a citizen spouse, the spouse is classified as an Immediate Relative, with no numerical limits on visas or slots. So I-130 (petition) and I-485 (adjustment of status application) can be filed concurrently.
However, for a green card holder spouse: the spouse is classified under Family Second Preference (F2A), so I-485 can only be filed once the visa bulletin is current. Since the priority isn’t currently open, concurrent filing is difficult right now.