Indian Citizen born in Germany

[vinay_shankar]

Hi, I am an Indian citizen studying in India on a F1 Visa. My wife is also an Indian citizen working in the US on a H1-B Visa. I was born in Germany and heard recently that me being born in Germany makes me eligible for some other avenue (potentially fast) in Green Card processing. Can my wife apply for our green card through her company and with my country of birth to speed up her application (which would be EB2 or EB3)? What is the best way for her to proceed with her application. Thanks

V

 

[Jackolantern]

Hi, I am an Indian citizen studying in India on a F1 Visa.

??? There are F1 visas to study in India? And if you are an Indian citizen, why would you need any visa to study in India?

I'll assume you meant you are an Indian citizen studying in the US.

The visa number allocation is based on country of birth, not country of citizenship, so you being born in Germany means your wife could request cross-chargeability to be positioned in the GC queue as if she also were German-born. That would put you both in EB3 ROW or EB2 ROW. EB2 ROW is current and has almost always been current throughout the years, so if she can qualify for EB2 you probably could get green cards within 1 or 2 years.

EB3 ROW is in better shape than EB3 India, but the wait for EB3 ROW is still long -- likely to be at least 4 or 5 years.

Does your wife have the qualifications for EB2, and does the job require EB2-level qualifications?