Family-based

F26: spouse of a permanent resident, concurrent filing and a ten-year green card after two years of marriage

The beneficiary was the spouse of a U.S. lawful permanent resident and was in the United States in F-1 status. An F2A visa number was available at filing, so the I-130 and I-485 were filed concurrently, together with I-765 and I-131. Biometrics took place after about one month, the work and travel documents were approved after about three months, and the I-130 took more than a year. Because the marriage was already two years old when the I-485 was approved, the beneficiary received an F26 ten-year card rather than a C26 two-year conditional card.

CategoryF26

Timeline

Months are counted from the filing date; exact dates are withheld for privacy.

Month 0
I-130 and I-485 filed concurrently
The petitioner filed the F2A spousal I-130 while the beneficiary concurrently filed I-485, together with I-765 for work authorization and I-131 for travel authorization. The beneficiary held F-1 status at filing, and a visa number was available that month, so there was no need to wait for separate I-130 approval before filing the I-485.
Month 1
Biometrics completed
About one month after concurrent filing, the beneficiary attended an Application Support Center for fingerprints and a photograph used in identity and background checks.
Month 3
Work and travel documents approved
About three months after filing, the I-765 and I-131 were approved. The EAD provided work authorization and advance parole supported travel while the I-485 was pending; the case status and travel risks still needed review before any departure.
Month 13
I-130 took more than a year; I-485 approved afterward
The I-130 took more than a year from filing to adjudication, and the I-485 was subsequently approved; the exact approval month is not disclosed in this case. By then the marriage had passed its second anniversary, so the beneficiary received an F26 ten-year green card rather than the C26 two-year conditional card used when the marriage is under two years at approval.

Starting situation

The petitioner was a U.S. lawful permanent resident and the beneficiary was the petitioner's spouse, present in the United States in F-1 status. An F2A visa number was available in the filing month, so the case qualified for concurrent filing inside the United States. There was no separate period in which the couple filed only the I-130 and later waited to file the I-485. While the case was pending, the beneficiary completed biometrics and received work and travel authorization.

Why this route

F2A is the family second-preference category for spouses and unmarried minor children of lawful permanent residents. Whether the I-130 and I-485 may be filed together depends on which Visa Bulletin chart USCIS permits for that month and whether the applicant's priority date qualifies under that chart. Here a visa number was available and the beneficiary was in the United States and otherwise eligible to adjust, so the filings were made concurrently. F-1 is a nonimmigrant status, and an immigrant filing, travel, and maintenance of status require case-specific care; this case records the actual route and should not be treated as a template for every F-1 spouse.

How the case unfolded

Is this timeline normal?

This case did not involve filing the I-130 first and waiting to file the I-485; concurrent filing was available in the filing month. Biometrics at about one month, work and travel documents at about three months, and an I-130 taking more than a year are the actual milestones in this matter. Whether another case may file concurrently and how long it takes still depend on visa availability, the chart USCIS authorizes for that month, and the individual record.

How an LPR's spouse differs from a citizen's spouse

A U.S. citizen's spouse is an immediate relative and is not subject to the annual family-preference allocation. A permanent resident's spouse is in F2A, so visa availability must be confirmed when the I-485 is filed; concurrent filing was available here. For both types of marriage case, the marriage age on the I-485 approval date matters: approval before the second anniversary generally produces a two-year conditional card, while approval after it produces a ten-year card. This case was F26 because the marriage was already two years old; had it been younger, the code would have been C26.

Why F-1 status requires separate analysis

The beneficiary held F-1 status at filing. F-1 carries a nonimmigrant-intent requirement, while I-130/I-485 are immigrant filings, so travel, continued F-1 compliance, and when to use the EAD require fact-specific analysis. A pending I-485 and an approved EAD do not automatically extend the underlying F-1 status; this case should not be reduced to the idea that nothing else matters after an F-1 holder files.

Why a ten-year unconditional green card

The key question for a two-year versus ten-year card is whether the marriage is at least two years old on the date permanent residence is granted, not whether the petitioner is a citizen or permanent resident. Here the marriage had passed the second anniversary when the I-485 was approved, so an F26 ten-year card issued. Approval before that anniversary would instead produce a C26 two-year conditional card followed by the required removal-of-conditions process.

What similar cases must confirm first

First confirm the Visa Bulletin and the chart USCIS authorizes for the filing month to determine whether concurrent filing is available. Then review the beneficiary's entry, current status, any status violations, marriage history, shared-life evidence, financial sponsorship, and medical filing. I-130/I-485 RFEs, weak marriage evidence, field-office scheduling, and changes in visa availability while the case is pending can all affect progress. Availability in this case does not mean every filing month works the same way.

Notes for similar cases

An F2A visa number was available when this case was filed, so the I-130 and I-485 were filed concurrently; this was not an I-130-first case followed by a wait to file I-485.
The beneficiary held F-1 status at filing; the interaction among the immigrant filing, continued F-1 compliance, EAD use, and travel requires case-specific analysis.
Biometrics were completed after about one month, the EAD and advance parole were approved after about three months, and the I-130 took more than a year.
The marriage was already two years old when the I-485 was approved, so an F26 ten-year card issued; if it had been under two years, the card would have been a two-year C26 conditional card.
F-1 is a nonimmigrant status; before traveling while the I-485 is pending, confirm that advance parole is valid and assess the re-entry risks.

Past results do not guarantee future outcomes. Every matter turns on its own facts, evidence, the governing legal standard and government adjudication.

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