Is the I824 processed in parallel with the I485 ?

M

Marco Jahn

New Member
Hello,
my wife has H1B visa, but her green card process is ongoing (I140+I765+I131 are approved, but the I485 is still pending). Because we are married, I was in the I140 petition as a dependent. Originally the plan was to have the I824 for consular processing filed for me as soon as my wife received her green card. Now our immigration attorney has filed the I824 petition. He even said that it is conceivable that my medical and interview at the consulate (Frankfurt, Germany) could even take place very quickly, because the consulates are probably still only interviewing for immigrant visas. Does anyone know if this is correct ? I am aware that a final decision will of course only be made when my wife's I485 is also done.
 
I currently have an H4 visa, but live in Germany. However, my wife's H1B and my H4 expire in December 2021. My wife is allowed to stay and continue working (because her I765 is approved). I am aware that there is an H4 EAD and I could have been living and working in the US for a long time. So far it was for private reasons why I stayed in Germany (parents in need of care, they are now deceased).
Why do I have a H4,when I (still) live in Germany ? Simple: I am a very honest person and don't like to lie when I enter the USA to visit her. I don't want to get in trouble if I say that I am entering for tourist reasons but actually just want to visit my wife. Because there is always the suspicion that you want to stay longer without permission. Therefore I have a H4 visa.
 
What I'm saying is you can enter the US right now on your H4 visa, and do Adjustment of Status (I-485) in the US instead of Consular Processing.
 
newacct said:
What I'm saying is you can enter the US right now on your H4 visa, and do Adjustment of Status (I-485) in the US instead of Consular Processing.
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Because my H4 expires in a few days. In addition, there is a financial problem: my wife has a good income, but she would not be able to finance both of us for months as long as I am not allowed to work in the US yet. That is one of the reasons why I am currently still living in Germany and we are doing Consular Processing. From a purely technical point of view, I could also do my job in Germany from the USA (home office). But as far as I know, I already need a work permit for the USA even if I stay in the USA but work for a foreign employer via the internet.
 
Marco Jahn said:
Because my H4 expires in a few days. In addition, there is a financial problem: my wife has a good income, but she would not be able to finance both of us for months as long as I am not allowed to work in the US yet. That is one of the reasons why I am currently still living in Germany and we are doing Consular Processing. From a purely technical point of view, I could also do my job in Germany from the USA (home office). But as far as I know, I already need a work permit for the USA even if I stay in the USA but work for a foreign employer via the internet.
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Hi. I have a situation similar to yours where I am now starting to process I 824 after my spouse's GC was approved. Did you finally go ahead with this route? I am keen to know how it worked out and how long it took for you.
 
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