Can the I-140 and I-485 be filed together if I am in B-2 status?

In theory, the I-140 and the I-485 can be submitted at the same time (known as concurrent filing), but being in B-2 status makes this path delicate and calls for caution.

The B-2 is a tourist visa, intended for temporary visits, and generally does not accommodate dual intent: someone who enters as a tourist is not expected to already be planning to live in the country permanently. A request for adjustment of status, on the other hand, demonstrates precisely the intent to immigrate.

This mismatch can raise questions, such as suspicion that the actual intent at the time of entry was not tourism. For this reason, it is generally advisable to be in a status compatible with immigrant intent before pursuing adjustment.

Since viability depends on your profile, your current status, and compliance with status maintenance rules, the most prudent step is to evaluate your case with an immigration professional and review the official guidance on the USCIS website before submitting anything.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.