a interesting question for the retrogression

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blahblah_gc

Registered Users (C)
an interesting question for the retrogression

What if the primary person's nationality is France (no retrogression) but the spouse's nationality is India or China. Will this spouse's 485 be delayed by the retrogression? :confused:

Any idea? thanks
 
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Yes. spouse is affected.
More interesting: if primary's nationality is India/China and spouse is France. You can ask USCIS to swap it. To approve primary at least.

blahblah_gc said:
What if the primary person's nationality is France (no retrogression) but the spouse's nationality is India or China. Will this spouse's 485 be delayed by the retrogression? :confused:

Any idea? thanks
Click to expand...
 
GCIsTortoise

I just got some info from some other site. The answer seems to be no. The spouse goes with the primary applicant. So the spouse's nationality doesn't get affected by her/his own nationality.
 
blahblah_gc said:
What if the primary person's nationality is France (no retrogression) but the spouse's nationality is India or China. Will this spouse's 485 be delayed by the retrogression? :confused:

Any idea? thanks
Click to expand...
No -- in this case neither the primary nor the spouse would be effected.

They should use a provision called "Cross Chargeability" when applying for 485 (basically the Ind/Chi person says they want to use France's quota).

It doesn't matter whether the Primary is the French person or the Ind/Chi person -- all that matters is that one person should have been born in a "non-retrogressed" country.

Both of them will be adjudicated using the country requested (presumably France !!)
 
how about this case ?

category eb2/eb3

primary applicant - indian - got ead/ap .

dependent applicant - indian - didnt file AOS yet.

can dependent file for AOS after Oct 1st?
 
qwerty1111 said:
category eb2/eb3

primary applicant - indian - got ead/ap .

dependent applicant - indian - didnt file AOS yet.

can dependent file for AOS after Oct 1st?
Click to expand...
derivative can file AOS after Oct 1st, IF their PD would be current.
derivative inherits primary's PD.

So if its EB3 and the primary's PD is before Jan 1998, then derivative can file 485 in Oct.
Otherwise, they'll have to wait till such time their PD becomes current.

Also since EB3 is now unavailable, they can't file now either. EB2 can file now irrespective of PD
 
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