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Should my wife file I-130 or I-824?

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  • Should my wife file I-130 or I-824?

    Hi,

    My wife and I got married BEFORE I got my green card, but somehow she didn't file her I-485 before my green card was approved.

    So now I get my green card and she is a F1 student in U.S.

    I wonder what's the fastest way for her to get her green card, filing I-130 or I-824?

    Since she is in U.S. right now and my green card is based on EB1A, can she concurrently file I-130 and I-485?

    Thanks!

  • #2
    Just I-485, based on your I-140 approval notice

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    • #3
      Originally posted by pipilu View Post
      Hi,

      My wife and I got married BEFORE I got my green card, but somehow she didn't file her I-485 before my green card was approved.

      So now I get my green card and she is a F1 student in U.S.

      I wonder what's the fastest way for her to get her green card, filing I-130 or I-824?

      Since she is in U.S. right now and my green card is based on EB1A, can she concurrently file I-130 and I-485?

      Thanks!
      The way you got your GC does not matter for your wife's petition.
      Just an opinion; Not legal advice.

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