Marco Jahn
New Member
Hello,
We have the following situation:
My wife has an H1B visa and lives in the USA. I have an H4 visa, but I still live in Germany.
My wife's employer would like to sponsor a green card for her (EB3) Current status: The I140 was submitted in May 2020 (but has not yet been processed) and in September 2020 the I485/I765/I131 was also submitted.
In I140 and I485 I am mentioned as husband. However, in the I485 form (Part 5, No.10) the question "Is your current spouse applying with you? with a "No" answered. As far as I was able to research this, I think that's right, because I'm supposed to complete the Consular Processing in Germany.
As far as I know, the I824 ("Application for Action on an Approved Application or Petition") should then be submitted for me and not I130. I hope I got that right: Whether I824 or I130 has to be applied for depends on whether we were already married when my wife's green card process started, right ?
Unfortunately, I have found in the internet almost only cases of people who have completed the I130+I485. What happens after the application of the I824 ? Does the process of the I824 take shorter or longer than that of the I130/I485 ?
We have the following situation:
My wife has an H1B visa and lives in the USA. I have an H4 visa, but I still live in Germany.
My wife's employer would like to sponsor a green card for her (EB3) Current status: The I140 was submitted in May 2020 (but has not yet been processed) and in September 2020 the I485/I765/I131 was also submitted.
In I140 and I485 I am mentioned as husband. However, in the I485 form (Part 5, No.10) the question "Is your current spouse applying with you? with a "No" answered. As far as I was able to research this, I think that's right, because I'm supposed to complete the Consular Processing in Germany.
As far as I know, the I824 ("Application for Action on an Approved Application or Petition") should then be submitted for me and not I130. I hope I got that right: Whether I824 or I130 has to be applied for depends on whether we were already married when my wife's green card process started, right ?
Unfortunately, I have found in the internet almost only cases of people who have completed the I130+I485. What happens after the application of the I824 ? Does the process of the I824 take shorter or longer than that of the I130/I485 ?