Difference between I130 and I824 ?

[Werni0606]

Hello,
my wife is applying for a green card (category EB3). She currently lives with an H1B in the USA. In I140 and I485 I am mentioned as husband of course. However, I can see from the I485 form (Part 5, No. 10) that the green card was not also applied for on my behalf: "Is your current spouse applying with you? No."
If I understand this correctly, the I130+I485 would have to be made for me. But according to my wife, the I-824 should be filed for me: "Action on an Approved Application or Petition".
What is the difference to the I130/I485 ?

[newacct]

As long as you married before she got her green card, you qualify to immigrate as her derivative beneficiary (on her employment-based immigration case), and she does not have to petition you for family-based immigration with I-130. For you to immigrate as a derivative beneficiary, she would only have to file I-824 if you are outside the US and will do Consular Processing for an immigrant visa. But since you mentioned I-485, I am assuming you are inside the US (I-485 is the form for Adjustment of Status which is only for people inside the US). If you are inside the US, you can simply file I-485 at any time; no I-824 needed.

[Werni0606]

Thank you very much for your answer.
My wife already lives with the H1B in the USA. In May 2020 her I-140 was submitted and in October 2020 the I-485 + I-765 + I-131. However, the I-140 has not yet been processed (Current status: "Case was received").

I have an H4 visa, but I still live in Germany. Originally it was planned that I would enter in May 2020 and we would then apply for the H4-EAD for me. But because of Covid-19 and the many millions of new unemployed, we decided that I should stay in Germany for the time being and we would do the consular processing. This may take longer, but we hope that the US labour market will have recovered by then.

[Werni0606]

I would like to ask one more question: Which documents are required for me for the consular processing ?