Cross-chargeability - F1 and Green card

E

eb2mar2005

New Member
Could somebody help address my concern:

With a priority date of March 2005, I am currently unable to file the I-485. My boyfriend is on the F1 visa and a full-time student. He is from a non-retrogressed country. If we get married and I file the I-485 through cross-chargeability (spouse's country of birth), would his F1 status make him ineligible for a green card?

Any advice would be much appreciated.
 
eb2mar2005 said:
If we get married and I file the I-485 through cross-chargeability (spouse's country of birth), would his F1 status make him ineligible for a green card?
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Unless he entered the US less than 90 days ago, no.
 
Could you please be more specific on 90 days???? Is it related to any non-immigration catagory like H1 B or this is just something related to F1 ???

I'm planning something smiliar, My I-140 might approve in near future. My girlfriend is from UK and I'm planning to use Cross-chargeability. Once my I-140 approves I will go to UK, we will register marriage in UK, she will apply for H4 and come here for week or so and we will apply both of our I-485 and then she will go back. Later if she need to come back for interview or something she will come here for few days again. She is not planning about moving here soon. So its like she will be visiting for few days, apply for I 485 and go back. Please let me know if this will work. Thanks.
 
max007 said:
Could you please be more specific on 90 days???? Is it related to any non-immigration catagory like H1 B or this is just something related to F1 ???

I'm planning something smiliar, My I-140 might approve in near future. My girlfriend is from UK and I'm planning to use Cross-chargeability. Once my I-140 approves I will go to UK, we will register marriage in UK, she will apply for H4 and come here for week or so and we will apply both of our I-485 and then she will go back. Later if she need to come back for interview or something she will come here for few days again. She is not planning about moving here soon. So its like she will be visiting for few days, apply for I 485 and go back. Please let me know if this will work. Thanks.
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It is just avoide intent of fraud consideration.

It is specific to any pure non-immgrant(F1, B1 etc.) visa. When you enter with non-immgrant visa you state at the port of entry you do not have the immigrant intent. So you should not file GC too soon if you use them to enter.

On the other Hand H/L visa are considered as dual intent.

Also once you apply for I-485 you cannot enter with visitor visa. So you need to have an advance Parole. She cannot leave US before getting the AP.
 
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