Need some information about I-485 and IVP Process

[Md Shahnewaz 0]

Dear US Immigration Community,

I hope this email finds you well. I hope you are doing well and in good spirits. I have been approved for my I-140 under your supervision. I need some information about the I-485 and IVP process.

 

 I live in the USA. I was a Primary applicant for my I-140. My I-140 has been approved. After my I-140 was approved, I married a girl who is an international student  in Germany. She is an ongoing student in Germany. She lives in Germany. She would be my dependent applicant for the NIW process. 

 

Question no 1: Is it possible for my wife to apply for the IVP process from Germany as a dependent applicant? Because she is an ongoing student in Germany.

Question no 2: For getting Green Card, How long is needed for the IVP process from Germany for my wife as a dependent applicant? 

Question no 3: Do you know the waiting times for Visa Interview in Germany for the IVP process (EB2) after submitting all of the documents?

Question no 4: I am a primary applicant for I-140, would I apply for I-485 or IVP process?

 

Thank you very much for your time and consideration. Have a good day!

[Boiler 45,743]

What is IVP?

[Md Shahnewaz 0]

1 hour ago, Boiler said:

What is IVP?

Immigration Visa Processing

[SalishSea 17,970]

1 hour ago, Md Shahnewaz said:

Immigration Visa Processing

That isn’t really a term for it, but the process starts with you petitioning your wife for an immigrant visa.   I-130 is the form.   I-485 does not come into play until much later in the process.   The process will take many years, as it is a numerically limited category, and not current.

[Md Shahnewaz 0]

10 minutes ago, SalishSea said:

That isn’t really a term for it, but the process starts with you petitioning your wife for an immigrant visa.   I-130 is the form.   I-485 does not come into play until much later in the process.   The process will take many years, as it is a numerically limited category, and not current.

Inform that: This is IVP for National Interest Waiver-EB2 Process category.  

Edited July 18 by Md Shahnewaz

[SalishSea 17,970]

2 hours ago, Md Shahnewaz said:

Inform that: This is IVP for National Interest Waiver-EB2 Process category.  

Still not sure what you're asking, but:  you cannot add a derivative spouse now that you are already here and were not married when you received your visa.

 

If eligible, she can try for her own work visa.

 

Otherwise, as a GC holder, you would petition her as F2A, which like I said, is a numerically limited category for which there is a queue.

[Boiler 45,743]

I assume the plan is that he will adjust and she will Consulate process.

[Demise 1,305]

18 hours ago, Md Shahnewaz said:

Dear US Immigration Community,

I hope this email finds you well. I hope you are doing well and in good spirits. I have been approved for my I-140 under your supervision. I need some information about the I-485 and IVP process.

 

 I live in the USA. I was a Primary applicant for my I-140. My I-140 has been approved. After my I-140 was approved, I married a girl who is an international student  in Germany. She is an ongoing student in Germany. She lives in Germany. She would be my dependent applicant for the NIW process. 

 

Question no 1: Is it possible for my wife to apply for the IVP process from Germany as a dependent applicant? Because she is an ongoing student in Germany.

Question no 2: For getting Green Card, How long is needed for the IVP process from Germany for my wife as a dependent applicant? 

Question no 3: Do you know the waiting times for Visa Interview in Germany for the IVP process (EB2) after submitting all of the documents?

Question no 4: I am a primary applicant for I-140, would I apply for I-485 or IVP process?

 

Thank you very much for your time and consideration. Have a good day!

 

1. Looks like you haven't received your permanent residency yet, so yes.

2/3/4. Depends on what you do exactly because you've got a few options:

 

Option 1 - You can file I-485, adjust in US, then file I-824 to forward the remainder of the petition the NVC which will then pass it to the consulate that will handle her immigrant visa;

Option 2 - If you're on H, L, or O visa, then she could apply as a derivative on your current non-immigrant visa, and adjust together (I-485) with you. This is not available on other visas (e.g. E, F, J, TN, etc) since coming on those with intent to adjust is basically immigration fraud.

Option 3 - Last option would be to file I-824 for USCIS to forward the entire application to the NVC, which would handle both yours and your wife's immigrant visas.

 

Regarding the timings, I simply don't know. So just ask yourself what's most important for you.

If it's getting you both green cards ASAP and you're on H, L, or O  visa - go with option 2.

If it's getting your own green card ASAP and your wife still has studies to wrap up and her arrival isn't too time critical - go with option 1.

If it's getting her green card at the cost of getting a bit delayed yourself - go with option 3.

If you were born in a backlogged country (i.e. China or India) and your wife wasn't and you want to use her country of birth - option 2 or 3.

 

12 hours ago, SalishSea said:

Still not sure what you're asking, but:  you cannot add a derivative spouse now that you are already here and were not married when you received your visa.

 

If eligible, she can try for her own work visa.

 

Otherwise, as a GC holder, you would petition her as F2A, which like I said, is a numerically limited category for which there is a queue.

Looks like it's just the I-140 that was approved, no IV or AOS yet.

[Family 4,065]

1 hour ago, Demise said:

Option 1 - You can file I-485, adjust in US, then file I-824 to forward the remainder of the petition the NVC which will then pass it to the consulate that will handle her immigrant visa;

Really the best and most effective option. ..bird in the hand worth more than 2 in the bush..so to speak😂

 

Get your I-485 in now , green card in hand and after aquired derivative wife will come through the I-824 action by way of German Consulate 

[Family 4,065]

13 hours ago, SalishSea said:

Still not sure what you're asking, but:  you cannot add a derivative spouse now that you are already here and were not married when you received your visa.

 

If eligible, she can try for her own work visa.

 

Otherwise, as a GC holder, you would petition her as F2A, which like I said, is a numerically limited category for which there is a queue.

OPs approved I-140 allows for after aquired derivative beneficiary wife . 
He adjusts using I-140 , then sends I-824 to process beneficiary wife on same I-140 via consular . 
For  a narrow comparison think of an approved vawa I-360 who is in US ..but can use same to bring kids left overseas .

[nastra30 2,298]

I agree. Follow-to-join using I-864 for wife after successfully adjusting to LPR seems like path of least resistance.

Edited July 18 by nastra30