cross chargeability, will it work?

R

reddave

Registered Users (C)
i hope somebody can help me.
my question:
i am on a h1 visa and my wife is on h4
i'm waiting for my labour clearance(oct 2003)
if i apply thro' perm and obtain approval, my next step is filing for i485, now, i am indian, my wife is of a different nationality(born in a different country).
CAN I APPLY FOR THE I485 USING HER COUNTRY OF CITIZENSHIP ( WHICH HAS NOT RETROGRESSED)????
i asked my attorney, and she says it is not possible as my wife is not the principal applicant and also that she is not employed.
can someone advise me if i can use cross chargeability??
 
reddave said:
i hope somebody can help me.
my question:
i am on a h1 visa and my wife is on h4
i'm waiting for my labour clearance(oct 2003)
if i apply thro' perm and obtain approval, my next step is filing for i485, now, i am indian, my wife is of a different nationality(born in a different country).
CAN I APPLY FOR THE I485 USING HER COUNTRY OF CITIZENSHIP ( WHICH HAS NOT RETROGRESSED)????
i asked my attorney, and she says it is not possible as my wife is not the principal applicant and also that she is not employed.
can someone advise me if i can use cross chargeability??
Click to expand...


Hi reddave,
there is thread for Cross - chargeability in concurrent filling.. Please post questions there in the future..
http://boards.immigrationportal.com/showthread.php?t=189753

Anyway, answer is yes you can charge to your spouse.. Read the thread.. Some of us have done pretty extension research and clarifiied with attorneys too.. There is even member there who has used CC to apply.. When using CC, the spouse's country of birth is considered as the primary applicant's country of birth.. as simple as that.. :)

Show your lawyer the websites mentioned there.. And if she is not aggreeable even after that... just do yourself something good & just find a lawyer who thinks CC is possible.. There is no harm trying..

If you need assistance with finding lawyer please PM me..
Good Luck

radd
 
reddave said:
i asked my attorney, and she says it is not possible as my wife is not the principal applicant and also that she is not employed.
Click to expand...
Most of the cross-chargeable case for EB based GC is between husband and wife that either of them is primary and another is dependent, and they want to apply cross-chargeablity mostly because primary's nationalilty gets regrogressed or in slow gueue in processing. If dependent's nationality does not work for cross-charging, what is the point of cross-chargeability?????
Ask your laywer that if she is correct, in what case cross-chargeabillity works.
 
I am EB3 from a retrogression affected country. My wife was born in a country thats in "Others" category for EB3 (PD 01/03/2001).
If person A was born in Greenland (assuming not many people immigrate here), will the EB3 applications from that country be Current even though PD for Others is at 01/03/2001 ?

Any ideas ?
 
gcwagon said:
I am EB3 from a retrogression affected country. My wife was born in a country thats in "Others" category for EB3 (PD 01/03/2001).
If person A was born in Greenland (assuming not many people immigrate here), will the EB3 applications from that country be Current even though PD for Others is at 01/03/2001 ?

Any ideas ?
Click to expand...

No.. I don't think so.. That's precisely why the 'other' countries came about.. The immigrants from the rest of the world is comparatively much lesser than the four countries - India, China, Philipines & Mexico..
This is just my view.. Just check with your lawyer and post his answer.

also.. in future please post your questions and answers on CC in this thread, http://boards.immigrationportal.com/showthread.php?t=189753

Everyone interested in CC can be aware of your q&a..

thanks,
radd
 
reddave said:
i asked my attorney, and she says it is not possible as my wife is not the principal applicant and also that she is not employed.
Click to expand...

Of course you can use cross-chargeability. Your attorney has merely told you that she does not know enough about US immigration law to competently represent you.
 
You might need a better attorney. Note that there are some nuances to the cross-chargeability rule:

From http://pubweb.fdbl.com/news1.nsf/9a...b39da08089b9b3438525708c006d4de6?OpenDocument

There is an important quirk in the cross-chargeability rule that can affect couples that do not apply for permanent residence (either adjustment of status or an immigrant visa) at the same time. If the principal applicant has the more favorable chargeability, his or her case can be filed and approved first, and the spouse with the less favorable chargeability can apply at any later point as a "following-to-join" derivative and still benefit from the principal's more favorable chargeability. However, if the principal has the less favorable chargeability, then the principal and spouse's cases must be adjudicated together; the derivative spouse with the more favorable chargeability cannot follow to join at a later time, as the principal needs the benefit of the derivative spouse's more favorable chargeability to be eligible for permanent resident status. In the context of adjustment of status in the United States, this means that the adjustment applications would have to be approved simultaneously. For cases where the spouses' adjustment applications are not filed simultaneously, the USCIS Service Centers are usually reluctant to adjudicate the applications together.

There is also one scenario where the DOS will not charge a person's immigrant visa application to her country of birth. If an individual was born in a country in which neither of her parents was born and if her parents did not reside in that country at the time of the birth, then the individual may elect to be charged to the country of birth of either one of her parents. For example, suppose a person was born in India but her parents were both UK-born and had been living in the UK but happened to be vacationing in India at the time of the person's birth. In this situation, the person may elect to be charged to the UK, rather than India.
 
success

radd, my friend,
remember, i had applied to uscis and they refused my application twice, for the i485,i765,etc.

i had informed you guys that my attorney sent it back ,well she sent it back 3 times, and you know what :::
MY APPLICATION HAS BEEN ACCEPTED, AND THE RECEIPT NOTICES HAVE BEEN MAILED OUT ALREADY.
my attorney had requested that the uscis use my spouse's country as the chargeable country and it worked, i'm from india and had my labor cleared in november, so that was the reason the uscis refused my application .
now ,i think the entire process will take me 6 months from the time i receive my travel doc. and ead to receive my green card.
i'm so damn happy, have'nt been home to india for 5 years now.
ALL YOU GUYS HERE IN THIS FORUM ARE THE BEST, AND LET'S NOT FORGET MR. RAJIV KHANNA.
THANK YOU ALL.
A VERY SPECIAL THANK YOU TO YOU --RADD---. THANK YOU.
I WILL KEEP CHECKING THIS FORUM AND UPDATE YOU GUYS AS THINGS PROGRESS.
GOD BLESS.
 
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