If you and your spouse are both working in the United States 🇺🇸 and thinking about getting green cards, you might wonder if you can each apply on your own. The answer is yes, and this is called “parallel green card processes.” This means both spouses file their own employment-based green card petitions, each with a separate Form I-140. Let’s break down what this means, who qualifies, what you need, and what to do if you don’t qualify right now.
Do You qualify for parallel green card processes?
To qualify for parallel green card processes, both you and your spouse must meet these requirements:
- Each spouse must have a job offer from a U.S. employer willing to sponsor them for a green card.
- Each spouse must qualify for an employment-based green card category (such as EB-2 or EB-3).
- Each spouse must be able to file their own Form I-140 (Immigrant Petition for Alien Worker) with their employer’s help.
- Both spouses must maintain valid nonimmigrant status (like H-1B, L-1, or another visa) while waiting for green card approval.
If both you and your spouse meet these requirements, you can each start your own green card process. If only one of you qualifies, you cannot do parallel green card processes, but you may still have other options.
Detailed Requirements for Each Spouse
Let’s look at what each spouse needs to do:
- Employer Sponsorship:
Each spouse must have a U.S. employer willing to sponsor them. The employer must file a Form I-140 on your behalf. This form is the official request for you to get a green card based on your job. You can find the official Form I-140 and instructions on the USCIS website. - Qualifying for an Employment-Based Category:
Most people use the EB-2 or EB-3 categories. EB-2 is for people with advanced degrees or special skills. EB-3 is for skilled workers, professionals, or other workers. Your employer will help decide which category fits you best.
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Filing Form I-140:
Each spouse’s employer must file a separate Form I-140. You cannot use the same petition for both of you. Each petition gets its own priority date, which is the date USCIS receives the form. -
Maintaining Status:
While waiting for your green card, you must keep your current visa status valid. If you lose your status, you may not be able to adjust status in the United States 🇺🇸. -
Filing Form I-485 (Adjustment of Status):
When your priority date is current (meaning your place in line is up), you can file Form I-485 to adjust your status to permanent resident. The latest edition of Form I-485 is required, and you can find it on the USCIS website.
Examples of Parallel Green Card Processes
- Example 1:
Priya and Raj are both from India and work in the United States 🇺🇸. Priya is a software engineer, and Raj is a data analyst. Both have employers willing to sponsor them. Priya’s employer files an EB-2 I-140, and Raj’s employer files an EB-3 I-140. Each gets their own priority date. If Priya’s EB-2 date becomes current first, she can file her I-485. If Raj’s EB-3 date moves faster, he can file first. This gives them two chances to get a green card sooner. -
Example 2:
Mei and Chen are married and both work in the United States 🇺🇸. Mei’s employer files an I-140 for her, and Chen’s employer does the same for him. If Mei’s petition is delayed or denied, Chen’s petition can still move forward. This gives them a backup plan.
Benefits of Parallel Green Card Processes
- Independent Priority Dates:
Each spouse has their own place in line. If one category moves faster, that spouse can get a green card sooner. -
Backup and Flexibility:
If one petition is delayed or denied, the other can still succeed. This reduces the risk for the family. -
Work and Travel:
Once your I-140 is approved and your priority date is current, you can file Form I-485 and apply for an Employment Authorization Document (EAD) and Advance Parole (travel document). This lets you work and travel while waiting for your green card. -
Concurrent Filing:
If visa numbers are available, you can file your I-140 and I-485 at the same time. This can speed up the process. -
Protection in Case of Divorce:
If you and your spouse separate, each person’s green card process is independent. You are not relying on a marriage-based petition.
Disqualifying Factors
You cannot use parallel green card processes if:
- Only one spouse has a job offer and employer sponsorship.
- Only one spouse qualifies for an employment-based green card category.
- Either spouse cannot maintain valid nonimmigrant status.
- Either spouse’s employer is unwilling or unable to file a Form I-140.
- There are issues with the employer’s ability to pay the required wage or provide proper documentation.
If you do not meet these requirements, you cannot use parallel green card processes. However, you may still have other options.
Alternative Options If Not Eligible
If you or your spouse cannot do parallel green card processes, consider these alternatives:
- Dependent Status:
If one spouse gets a green card through employment, the other can apply as a dependent (spouse) on the same petition. This is called “derivative status.” -
Family-Based Green Card:
If you are married to a U.S. citizen or permanent resident, you may qualify for a family-based green card. This uses Form I-130, which you can find on the USCIS website. -
Other Visa Categories:
Some people may qualify for other visas, such as the O-1 (for people with extraordinary ability) or the L-1 (for intracompany transfers). -
Improve Your Qualifications:
If you do not qualify now, you can work on improving your skills, education, or job experience to qualify for an employment-based green card in the future.
How to Improve Your Chances
If you want to use parallel green card processes, here are some tips:
- Find Employers Willing to Sponsor:
Talk to your employer about green card sponsorship early. Make sure they understand the process and are willing to help. -
Keep Your Status Valid:
Always renew your visa or work permit on time. Do not let your status expire. -
Prepare Strong Documentation:
Work with your employer to gather all required documents, such as job offer letters, proof of qualifications, and financial records.
- Monitor the Visa Bulletin:
The U.S. Department of State updates the Visa Bulletin every month. Check it to see when your priority date becomes current. -
Consult an Immigration Attorney:
An experienced attorney can help you avoid mistakes and plan the best strategy for your family.
Recent Policy Updates and What They Mean for You
- Concurrent Filing Still Allowed:
As of 2024-2025, USCIS allows you to file Form I-485 at the same time as your I-140 if your priority date is current. This makes parallel green card processes easier. -
Processing Times Vary:
Processing times depend on your category and country of birth. Having two I-140s can help if one category moves faster. -
New Form Editions Required:
Starting April 2025, USCIS requires the newest edition of Form I-485 (edition 01/20/25). Using an old form can cause delays or rejections. -
Marriage-Based Scrutiny:
USCIS is looking more closely at marriage-based green card cases. Having your own employment-based petition can help avoid delays.
Expert Advice
Immigration attorneys say that parallel green card processes are a smart choice for couples where both have job offers and meet the requirements. It gives you more options and protects your family if something goes wrong with one petition. However, it does cost more, since each petition has its own fees and paperwork.
Key Takeaways
- Parallel green card processes mean both spouses file their own I-140 petitions and pursue green cards independently.
- You must each have a job offer, employer sponsorship, and qualify for an employment-based category.
- Each spouse gets their own priority date, work permit, and travel document.
- If you don’t qualify, look into dependent status, family-based green cards, or other visa options.
- Keep your status valid, prepare strong paperwork, and check the Visa Bulletin often.
- Always use the latest immigration forms and follow official instructions.
For more details on concurrent filing and adjustment of status, visit the USCIS official page on concurrent filing. As reported by VisaVerge.com, using parallel green card processes can help dual-career couples manage risks and improve their chances of getting permanent residency in the United States 🇺🇸. If you have questions, talk to an immigration attorney for advice tailored to your situation.
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