You may file Form I-130 and Form I-485 together when the immigrant is eligible to adjust status and a visa is immediately available under the applicable filing rules. A qualifying relationship alone does not establish adjustment eligibility. [1]
Immediate relatives and preference categories
Spouses, unmarried children under 21, and parents of adult U.S. citizens fall within immediate-relative categories when the legal requirements are met. These categories are not subject to the annual family preference numerical limit. Relatives in preference categories must check the current Visa Bulletin and the filing chart USCIS authorizes for that month. [2]
The applicant also must satisfy the relevant admission or parole requirements, avoid applicable adjustment bars, and address inadmissibility. Certain immediate relatives receive exceptions from some adjustment bars, but a marriage to a citizen does not cure every unlawful entry, prior removal, or misrepresentation.
Build two complete applications
The petitioner signs the relationship petition; the immigrant signs the adjustment application. Follow current instructions for supporting civil records, financial sponsorship, medical evidence, fees, and filing location. Include the I-130 receipt if the petition was filed earlier. An accepted package is not proof that every eligibility issue has been resolved.
A pending I-485 can support a separately requested employment authorization document where the rules permit it. Filing does not itself authorize work, and travel without appropriate permission can have serious consequences.
Before mailing, check every signature, identity detail, prior marriage termination, and entry document. Keep a full copy and track separate receipt numbers. If a case involves removal proceedings or a difficult immigration history, resolve jurisdiction and eligibility before relying on the convenience of concurrent filing.
Example: a citizen spouse versus a resident spouse
A person married to a U.S. citizen may have an immediately available immigrant visa as an immediate relative, while a spouse of a permanent resident generally falls in a preference category. The same wedding certificate therefore does not produce the same filing analysis for both couples. Even the citizen-spouse case still needs a separate review of entry, admissibility, and adjustment eligibility.
Build a checklist organized by form rather than throwing all evidence into one undifferentiated bundle. Confirm the petitioner’s status, both spouses’ identities, termination of earlier marriages, proof of the current relationship, and the applicant’s admission documentation. Then review financial sponsorship and medical requirements under the current instructions.
If a preference category becomes unavailable after a properly filed adjustment application, the consequences differ from trying to file when the required chart does not permit it. Preserve the bulletin and authorized filing-chart information used at submission rather than assuming a later chart reconstructs the earlier rules. [2]
An applicant requesting work permission should check the marriage adjustment EAD category and track the case after biometrics separately.
Primary sources
- 8 U.S.C. § 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence
- 8 CFR 245.1 (2025 annual edition)
Sources checked: October 31, 2026.