Concurrent Filing of I-130 and I-485

[dalanie91]

Hi all,
I'm a bit confused about the option to file the I-130, I-485, I-864, ... concurrently.
I spoke to an attorney today who told me this is possible. I know I should stop right here and trust her, but I'm looking for actual proof that this is possible in my situation. The attorney only seemed to care about our money and was not really trustworthy. Given that we should definitely submit our I-130 before the 24th of February, we'd like to know if we can submit other documents alongside it.

I am a green card holder (employment based) from Germany and my wife is trying to file for her greencard through the family based process. She's from Mexico and the visa bullet shows "CURRENT" for February.


If I go to https://www.uscis.gov/greencard/conc...ing-form-i-485 I see: Who can file concurrently?


Concurrent filing is allowed in the following instances:

• Immediate relatives of U.S. citizens living in the United States
• Most employment based applicants and their eligible family members when a visa number is immediately available
• Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.
• Self petitioning battered spouse or child if
• The abusive spouse or parent is a U.S. citizen, or
• If an immigrant visa number is immediately available
• Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

I'd assume the underlined/bold line will tell me that we can file concurrently. However, the two previous lines seem to be connected to the bold one, such that you can only file concurrently IF you're a self petitioning battered spouse and your abusive spouse is a citizen (which i am not) OR a visa number is current. So in other words, if I'd beat my wife she would be eligible for concurrent filing.

Am I interpreting this right? Or does this bullet point mean we can submit concurrently no matter of the battered spouse part?

There seems to exist some misunderstanding around this topic.. somewhere else it tells me that I can file concurrently.

Can anyone bring clarity into our situation?

[newacct]

Yes, you can file concurrently.

8 CFR 245.2(a)(2)(i)(B) says:

If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

The visa classifications under INA 203(a) are all the family-preference categories (F1, F2A, F2B, F3, and F4).