Does My Spouse’s Country Of Birth Help Me?

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lax4u

Registered Users (C)
MY SPOUSE WAS BORN IN A DIFFERENT COUNTRY THAN I WAS. SINCE THE I-485 IS BASED ON MY EMPLOYMENT, DOES MY SPOUSE’S COUNTRY OF BIRTH HELP ME? i was born in India, but my spouse was born in UAE and there is a quota backlog for India, but no quota backlog for UAE (at least thats what i think)in EB2 preference category, can i and my spouse file 485 based on my spouse’s country of birth. My labour & 140 is approved. and my PD is april 2006
 
Yes, it will help you big time. You could spare yourself several years worth of the retrogression pain/wait.
Using your wife's country of birth, you two could apply for AOS in December 2007 since EB2 is current for ROW as per the December visa bulletin.

Search for "cross chargeability" and you will find tons of information.
 
TheRealCanadian said:
You are. See "Cross Chargability" as chitti007 suggests.
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TheRealCanadian,

Can "Cross Chargability" only apply for spouse and not children?

One of my friends and his wife r both from India but their child was born in UK. Mind you, the child does NOT have UK PR..just was born there. Can they apply use "cross chargability" to proceed their case or r they stuck with the retro for India?

thanx,
icici
 
lax4u,

Yes it helps you apply for CC as stated above. check the cross-chargebility chat site on this portal and you will see examples of CC working !
 
thank you guys for pompt reply. im not sure how the whole process works. but do i have apply for her labour & I-140 too? i dont think so right, bcoz she will be here on h4 so can not work so i can not apply for labour& I-140. correct me if im wrong
 
also where can i find which priority date INS is processing right now for UAE? is it true that according to december 2007 bulletin, except India,mexico,china and philipins for all other countries its current?
 
Search for "Cross-Country Chargeability" in the SOP:
http://www.ilw.com/seminars/august2002_citation2b.pdf

If she is currently on H4, it does not make sense to apply a labour and I-140 for her.
Since you already filed your LC and 140, you can use her country's chargeability for your AOS, but you will be able to use your priority date, by which you will get the GC quicker.

As per the SOP, you need not do anything special. The immigration officer is supposed to lookup the country of birth of the primary applicant and the dependent, and use what is best for your case.

Google for "Visa Bulletin".
 
chitti007 said:
As per the SOP, you need not do anything special. The immigration officer is supposed to lookup the country of birth of the primary applicant and the dependent, and use what is best for your case.
Click to expand...

I would mention it in the cover letters, and write it in BOLD RED LETTERS on the top of the first page of your I-485 application.
 
but she is here on H4, then how can i apply for 485 & EAD. Doesn't she requires SSN to get EAD?
 
lax4u said:
but she is here on H4, then how can i apply for 485 & EAD. Doesn't she requires SSN to get EAD?
Click to expand...
You said your labor and 140 are approved. Now you both can file I-485 based on your I-140 and your wife's country of birth. File both applications in 1 package and as others mentioned put in big bold red letters 'Cross Chargeability' on the cover page.
About your question - it's vice versa. She needs EAD to apply for SSN.
 
I was able to file my & my spouse I 485 on May 9th 2008. We got our EAD with in 3 months. Now when we will actually get GC? my application is in Nebraska center which shows processing date is 17 August 2007 what is that date? does that date has anything to do with Country?
 
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