Can I adjust status without waiting for the approval of the I-130?

The immigration process for relatives of U.S. citizens involves several steps and specific requirements. In the case of the K-3 visa, intended for spouses of United States citizens, many people wonder if it is possible to apply for adjustment of status without having to wait for the final approval of Form I‑130.

To clarify, the I‑130, which is the petition that the U.S. citizen must file to start the family reunification process, is a fundamental part. However, in most cases involving spouses – who are considered immediate relatives – the law allows the adjustment of status to be requested simultaneously or even while the I‑130 is still pending, provided that the applicant is legally present in the country and meets all other requirements. In other words, it is quite common that, even with the I‑130 petition in process, the beneficiary spouse files Form I‑485 (the adjustment of status application), taking advantage of the fact that, for immediate relatives, there are no numerical limits on visas.

It is important to keep in mind that this procedure requires strict compliance with all rules and up-to-date information published by the United States Citizenship and Immigration Services (USCIS). Each case has its peculiarities, and the mere fact that it is possible to file for adjustment of status simultaneously does not eliminate the need for the I‑130 to be properly accepted, since it is the basis of the relationship that supports the entire immigration process.

Remember that, although this possibility exists, following all immigration laws, monitoring official updates, and seeking information from reliable sources is essential to avoid complications or falling into misleading practices. It is advisable to stay well-informed and resort to trustworthy sources for guidance, always bearing in mind that no miracle solutions nor unfounded promises can replace strict compliance with legal requirements.

In summary, it is indeed possible to adjust status while the I‑130 is being processed, but the entire procedure must be conducted very carefully and respecting all rules of the U.S. immigration system.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.