Cross Charegability

[jalaram]

My spouse was born in Uganda .
I was born in retro country.
Current status : H1b and H4 for me and my spouse respectively.
Before our marriage, my spouse had filed for alylum and also she had worked for about 8 months without having work authorizarion. She had also mentioned the same in the asylum case about work.

The asylum was not approved by Judge and so her lawer had filed for appeal.

Meanwhile, we got married and we filed for her H4 and as son as H4 got approved, we pulled asylum case out from INS court.

Now, I want to file for 1-140 and 485 together with cross-charegablity to my wife's country of birth.

I would appreciate if someone answer to below question.

(1)

what are the rules for cross-chargeablity? (weblink to Ins doc would be highly appreciated).

(2)

Will there be any issue in filing for AOS for me and my wife together as cross-chageability?

(3)

Do we have to mention to INS about the work that she had performed without having EAD.

Thanks in advance.

 

[GotPR?]

(1)

what are the rules for cross-chargeablity? (weblink to Ins doc would be highly appreciated).

(2)

Will there be any issue in filing for AOS for me and my wife together as cross-chageability?

(3)

Do we have to mention to INS about the work that she had performed without having EAD.

Thanks in advance.

1) I think cross-chargeablity is mentioned in 22 CFR or FAM. I forgot the section #.
You should be able to run cross-chargeability w/o problems.
2) Should not have any issues.
3) Whenever being asked, you have to tell them the fact. From legal point of view, if she was engaged in illegal employment for 8 months since her last entry to the US, she is not eligible to AOS. Only remedy is going out and reentering the US so that unauthorized employment history gets reset from AOS eligibility point of view.
But still have to tell them the truth if being asked. Lying will bring the worst consequence.