Form I-130 and Form I-485 do different jobs in a family-based Green Card case. The I-130, Petition for Alien Relative, is filed by the U.S. citizen, lawful permanent resident, or U.S. national relative to establish the family relationship. The I-485, Application to Register Permanent Residence or Adjust Status, is the application a person in the United States uses to apply for permanent residence. For some applicants the two can be filed together, and for others the I-485 comes later.
The short version
| Form I-130 | Form I-485 | |
|---|---|---|
| What it is | A petition | An application |
| Who files it | The petitioner: a U.S. citizen, lawful permanent resident, or U.S. national | The person applying for a Green Card, if in the United States |
| What it does | Establishes a qualifying relationship with an eligible relative | Applies for lawful permanent resident status |
| Gives status on its own? | No, per USCIS | No. It is the application for that status, which USCIS then decides |
Our pages on Form I-130 and Form I-485 have a general overview of each form.
What the I-130 does
USCIS says to use the I-130 "if you (the petitioner) are a U.S. citizen, lawful permanent resident, or U.S. national." USCIS says the form establishes a qualifying relationship with an eligible relative, and calls submitting it "the first step to help an eligible relative apply" for a Green Card. USCIS is clear about its limits: filing or approval "does not give your relative any immigration status or benefit." Generally, after approval, "your relative may apply for a Green Card."
What happens next is the topic of our guide to what happens after an I-130 is approved.
What the I-485 does
USCIS says: "Use this form to apply for lawful permanent resident status if you are in the United States." This process is called adjustment of status. Someone outside the United States generally uses consular processing instead, where the Department of State's consulate abroad handles the immigrant visa.
The person who files the I-485 is the applicant, not the petitioner. If the applicant is the derivative spouse or child of a principal applicant, the I-485 asks for the principal applicant's information.
When can they be filed together?
Filing both at the same time is called concurrent filing. What decides whether it is possible is whether an immigrant visa is available:
- Immediate relatives of U.S. citizens. USCIS says an immediate relative may file the I-485 with the I-130, while the I-130 is pending, or after it is approved and remains valid. USCIS says immigrant visas for this group "are unlimited, so the visas are always available."
- Family preference categories. USCIS says a visa must be immediately available at the time you file the I-485 and also when USCIS makes its final decision. You can find the current availability in the Department of State's Visa Bulletin, which we summarize on our Visa Bulletin page.
For a related set of forms that are often filed alongside the I-485, see our guide to concurrent filing of the I-485, I-765 and I-131. USCIS says the I-765 and I-131 may be filed concurrently with the I-485, and if you choose not to file them with it, you must submit a copy of your Form I-797C receipt notice when you file them.
If the I-485 is filed after the I-130 is approved, USCIS lists a copy of the Form I-797 approval or receipt notice for the I-130 as one of the documents to submit.
What each form does not do
Neither form on its own tells you how long a case will take. USCIS publishes its own estimates on its processing times tool, and we show data on our I-130 and I-485 pages. The fee for each form is listed on the USCIS Fee Schedule (Form G-1055) page, which you should check on the day you file, since fees can change.
The I-130 does not give your relative any status. The two are separate forms, so check each one on its own. You can look up what a received notice means on our case received page.
Check the alerts before you file
Both official pages carry alerts at the top that change over time, such as filing locations, form editions and court orders. This article does not explain the legal effect of those items. Read them on the I-130 page and the I-485 page, and ask a licensed immigration attorney if you are unsure how they apply to you.
Common questions
Which form do I file first?
That depends on the case. USCIS says an immediate relative can file the I-485 with the I-130, while it is pending, or after it is approved. For preference categories, an immigrant visa must be available when the I-485 is filed.
Who signs and files each form?
The petitioner files the I-130. The person applying for permanent residence files the I-485. Both are separate USCIS forms with separate pages and instructions.
Does filing an I-130 give my relative any status in the U.S.?
USCIS says filing or approval of the I-130 does not give the relative any immigration status or benefit. USCIS says the I-765 (Application for Employment Authorization) and the I-131 (travel documents) may be filed concurrently with the I-485.
Does the I-485 cover someone abroad?
No. USCIS says the I-485 is for people in the United States. People abroad generally go through consular processing.
Official sources
- USCIS: I-130, Petition for Alien Relative
- USCIS: I-485, Application to Register Permanent Residence or Adjust Status
- USCIS: Green Card for Immediate Relatives of U.S. Citizen
- USCIS: Green Card for Family Preference Immigrants
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.