For many expats living and working in the U.S., immigration paperwork becomes part of the journey—especially when applying for a Green Card or helping a family member move to the country. Two of the most important forms in this process are Form I-130 and Form I-485. Though often used together, they serve different purposes and follow different rules.

Form I-130 is all about proving a family relationship, while Form I-485 is about applying for a Green Card from inside the United States. Knowing when to file each, and whether they can be filed together, is key to a smooth immigration process.

What is Form I-130?

Form I-130, officially called Petition for Alien Relative, is used by U.S. citizens or Green Card holders to request that certain family members be allowed to immigrate to the United States.

It's the first step in most family-based immigration processes. Filing this form tells the U.S. government, “I have a qualifying relationship with this person, and I want to bring them here.”

1. Filed by: U.S. citizens or permanent residents
2. Filed for: Spouses, children, parents, siblings (depending on status)
3. Used to establish: A qualifying family relationship

USCIS page: https://www.uscis.gov/i-130

What is Form I-485?

Form I-485 is called Application to Register Permanent Residence or Adjust Status. This form is used when someone is already in the United States and wants to change their current visa status to become a lawful permanent resident (Green Card holder).

It’s commonly used after Form I-130 has been approved, but in some cases, both forms can be filed at the same time (more on that below).

1. Filed by: The person who wants to adjust status
2. Used for: Applying for a Green Card while already in the U.S.
3. Only available to: Those physically present in the U.S. who are eligible to adjust status

USCIS page: https://www.uscis.gov/i-485

Summary: Form I-130 vs. Form I-485

Concurrent Filing: When Forms I-130 and I-485 Can Be Filed Together

In some cases, both forms can be submitted at the same time. This is called concurrent filing, and it's available for certain applicants who meet these conditions:

1. The applicant is an immediate relative of a U.S. citizen (spouse, unmarried child under 21, or parent)
2. The applicant is already in the U.S. and eligible to adjust status

Benefits of Concurrent Filing

1. Saves time: Only one mailing, and forms can be processed together
2. Fewer steps overall
3. May speed up the overall Green Card process

Separate Filing: When Forms I-130 and I-485 Are Filed in Steps

Many applicants need to file these forms separately. This usually applies when:

1. The family member lives outside the U.S.
2. The applicant falls into a family preference category (like siblings or married adult children)
3. A visa number is not yet available for their category

In these cases, the process happens in two parts:

1. File Form I-130 and wait for it to be approved
2. Once a visa number becomes available (based on the Visa Bulletin), file Form I-485 or proceed through a U.S. embassy abroad

You can check visa availability in the monthly Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Processing Times

• Form I-130: Around 6 to 12 months, depending on the USCIS service center and category
• Form I-485: Around 12 to 24 months, but it can vary by location and individual case

Delays are common, especially for family preference categories that have annual limits. These timelines are only estimates and can change based on the number of applications being processed.

Fees

Both forms require filing fees, and the amount depends on various factors like age, immigration category, and whether biometrics are required.

You can find updated fee information here: https://www.uscis.gov/forms/filing-fees

Final Thoughts

Form I-130 and Form I-485 each play a different role in the U.S. immigration system. One begins the family-based immigration process, and the other helps someone already in the U.S. become a permanent resident.

Expats working in the U.S. may encounter these forms when trying to bring family over or adjust their own status. Understanding the timing, eligibility, and process for each form can make a big difference in how smooth the experience is.

Whether filing together or separately, staying informed and prepared helps avoid unnecessary delays.