Green Card / Adjustment of Status
Concurrent Filing Adjustment of Status: Can Your Spouse Stay in the U.S. While Applying for a Green Card?
If you married a foreign visitor who is already in the United States, you may be wondering whether your spouse must leave the country or whether you can apply for a green card from inside the U.S. Concurrent filing, sometimes called one-step adjustment, may be the answer when the facts of the case support eligibility.
Quick Answer
Concurrent filing adjustment of status means the family immigration petition and the green card application are filed together at the same time. For the spouse of a U.S. citizen who is already inside the United States, this may allow the couple to pursue permanent residency without the foreign spouse first returning home.
The important warning is this: a temporary visa is supposed to be temporary. If immigration believes the foreign spouse entered the United States with a hidden plan to stay permanently, the case can become much more difficult.
Video: What Is Concurrent Filing?
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This is Fred Wahl the VisaCoach
Todays topic is: What is Concurrent Filing in 2016
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Georgia comes from Greece and I helped her get her Fiance visa.,
Fred, My fiance and I can't thank you enough for your help and guidance in successfully obtaining her K1 Fiance
Visa. Your experience and service and direction throughout the entire process was the key that made the difference
for us. With so many choices out there of who to engage for such an important thing as this, we are glad we chose
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We will definitely be using your services to help us throughout the Adjustment of Status process and beyond.
On behalf of my fiance and myself, thank you once again for helping us make all this happen.
Now, lets talk about What is Concurrent Filing in 2016?.
Perhaps you have a situation similar to this.
You met a foreigner who was in the USA visiting on a temporary visa. She was traveling on a
visa waiver, tourist, work, or student visa.
She had no �intent� to remain in the USA when she applied for her visa. And she still
had no "intent" to remain in the USA as she boarded the aircraft to travel to the USA.
Maybe by accident, or serendipity,, you met, fell in love, and rushed to the altar and got married.
Well, congratulations. But now what do you do?
Now that you are married. Your foreign spouse is now what is considered an "immediate relative of a US citizen".
This makes her eligible to adjust her status to permanent residency.
And Best of All, Your spouse need not leave your side. She does not need to return to her home country to wait on the results.
Once married, you can sponsor her for permanent residency.
This is called �one-step adjustment,� or "concurrent filing." �one-step� refers to the fact that instead of submitting an immigration petition, waiting for it�s approval, then submitting a second application for adjustment of status, both the immigration petition and the adjustment of status petition are submitted together �concurrently� at the same time.
Two separate petitions are filed together, �concurrently�
an Immigration Petition plus Adjustment of Status petition.
If approved this leads to Permanent Residency. And This process typically takes about a year.
The critical question that will come up, probably during an interview with both you and your spouse present will be, whether or not, there had been any intent to remain in the USA, before or as she embarked on her trip to the USA.
A temporary visa, is just that, permission for a Temporary stay. If she intended to remain then that would be considered
a misuse of the temporary visa she used to enter the USA.
As long as immigration is convinced there was no intent to misuse her temporary visa, then permanent residency should be approved.
Should they believe that there WAS a plan to misuse the temporary visa, then your spouse would be asked to leave the USA.
Thats not the end of the world. It would leave you to apply for a spouse visa in order to have her return and rejoin you.
She would remain outside the USA while the spouse visa application was pending.
In Conclusion: If you meet, fall in love and marry a foreign visitor who is traveling on a temporary visa, as long as there was no intent to �game� immigration, your new spouse does not have to return to her country, instead you may sponsor her for permanent residency filing a "concurrent application", and she need not exit the USA while it is in process.
This was Fred Wahl, The VisaCoach
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What Concurrent Filing Means
In a normal immigration sequence, one petition may be filed first, then the applicant waits for approval, and then another application is filed later. With concurrent filing, the immigration petition and the adjustment of status application are filed together.
For a U.S. citizen married to a foreign spouse who is already in the United States, the common family-based package may include the immigrant petition for the spouse and the application to adjust status to permanent resident. Supporting evidence is also critical, including proof of a real marriage, financial sponsorship, identity documents, immigration history, and other required forms.
When This Situation Usually Comes Up
This question often comes up after a couple meets while the foreign partner is in the United States on a temporary basis, such as a visitor visa, visa waiver entry, student visa, or work visa. The couple may fall in love, marry, and then realize they need a lawful immigration plan for the foreign spouse to remain in the United States.
If the foreign spouse entered the United States lawfully and did not have a preconceived intent to misuse a temporary visa, adjustment of status may be possible. But the facts matter, and the case must be prepared carefully.
Why Intent Matters
The central issue is whether the foreign spouse intended to use a temporary visa for a permanent purpose. A visitor visa, visa waiver entry, or other temporary entry is not supposed to be used as a shortcut around the proper immigration process.
If the couple genuinely did not plan for the foreign spouse to remain permanently before entry, but later married and decided to build a life together in the United States, the case may be viewed differently. If immigration believes there was a plan to enter temporarily and then stay permanently, that can create serious problems.
The Question USCIS May Ask
Was there an intent to remain in the United States before or at the time the foreign spouse entered? The answer to that question can affect whether adjustment of status is the right strategy.
What Is Filed Together?
In a spouse green card case based on marriage to a U.S. citizen, concurrent filing usually means the family petition and adjustment of status application are submitted together with the supporting forms and evidence.
Immigration Petition
This is the petition showing the qualifying family relationship between the U.S. citizen spouse and the foreign spouse.
Adjustment of Status Application
This is the application asking for lawful permanent resident status from inside the United States.
Financial Support Evidence
The U.S. sponsor must show the ability to financially support the foreign spouse. Learn more about the Affidavit of Support.
Marriage and Eligibility Evidence
The couple must prove the marriage is real, the applicant is eligible, and the case is supported by clear documentation.
Does the Foreign Spouse Have to Leave the United States?
In a properly filed adjustment of status case, the foreign spouse may be able to remain in the United States while the case is pending. That is one of the main reasons concurrent filing can be so valuable for eligible couples.
But this should not be treated casually. If there are immigration violations, unlawful presence issues, prior denials, misrepresentation concerns, criminal issues, or questions about entry intent, the safer path may require careful review before anything is filed.
When a Spouse Visa May Be the Better Route
If adjustment of status is not available or not advisable, the couple may need to use the spouse visa process instead. In that situation, the foreign spouse normally waits outside the United States while the spouse visa case is processed.
For couples still deciding which immigration path is right, compare the spouse visa process with adjustment of status and review the broader strategy questions in fiancé visa vs spouse visa.
How VisaCoach Helps
VisaCoach helps couples organize the story, forms, and supporting documents into a strong, front-loaded presentation. For concurrent filing adjustment of status, that means helping you understand the case facts, identify possible red flags, and prepare a complete package designed to reduce confusion, delay, and avoidable mistakes.
VisaCoach is not a law firm and does not provide legal advice. If your case has serious immigration violations, criminal history, fraud or misrepresentation issues, or other legal complications, you should speak with a qualified immigration attorney.
Related Green Card and Family Immigration Resources
Green Card Resources
Explore more adjustment of status and permanent residence topics.
Green Card After Fiancé Visa
Learn what happens after marriage on a K-1 fiancé visa.
Affidavit of Support
Understand the financial sponsorship requirement for marriage-based immigration.
Spouse Visa
Review the path when the foreign spouse will process from outside the United States.
Fiancé Visa vs Spouse Visa
Compare family immigration strategies before choosing a path.
Schedule a Free Consultation
Speak with Fred Wahl about your situation before you file.
Frequently Asked Questions
What is concurrent filing adjustment of status?
Concurrent filing adjustment of status means the immigration petition and the green card application are filed together at the same time, when the applicant is eligible to apply for adjustment of status from inside the United States.
Is concurrent filing the same as one-step adjustment?
Yes. In many family-based green card cases, people use the phrase one-step adjustment to describe filing the family petition and adjustment of status application together instead of waiting for one approval before filing the next application.
Can a foreign spouse stay in the U.S. while adjustment of status is pending?
A foreign spouse may be able to stay in the United States while a properly filed adjustment of status case is pending, but eligibility depends on the facts of the case, lawful entry, admissibility, and whether USCIS believes the temporary visa was misused.
What if my spouse entered the United States on a visitor visa?
Marriage after entry on a temporary visa can raise serious questions about intent. If the foreign spouse truly entered temporarily and only later decided to marry and remain, adjustment may be possible. If USCIS believes there was a plan to enter temporarily and remain permanently, the case can become much more difficult.
What happens if USCIS believes there was prior intent to stay?
If immigration believes the temporary visa was misused, the adjustment case may face denial or other complications. In some situations, the couple may need to pursue a spouse visa process instead, with the foreign spouse outside the United States.
Should we choose adjustment of status or a spouse visa?
That depends on where the foreign spouse is located, how they entered the United States, their immigration history, timing, intent, and the evidence available. A careful case review can help identify the safer path.
Before You File, Make Sure the Strategy Fits the Facts
Concurrent filing can be a powerful option for eligible couples, but it is not right for every case. Before you commit to a risky path, speak with VisaCoach and get a practical review of your situation.
