Engaged to Foreign Born Indian reg. Retrogession

M

myanshul

Registered Users (C)
Hello Everyone,

I'm new user and had a question which arose after the Retrogession issue.

My Employer is willing to file for my LC, and hopefully would start the process by the end of the year.

I'm Indian by nationality and my Fiancee' is Indian but was Born outside India in areas not affected by Retrogession.

I have heard that I can apply for Green Card under EB2 category (as I have MBA), by adding her as my spouse(obviously after getting married) after I receive the LC, before filing the I-485.

Does anyone have ideas, I would appreciate if someone can provide links.

Also, The real question is that does a individual needs to be Married before he files for LC or does he needs to be married before he files for I-485 or what stage????

Also, are people from other Origin (non Indian and Chineese) affected by Retrogession for FY 2006 (Oct 2005 onwards), I mean are these categories CURRENT, or Is there also a problem of Retrogession in those? specifically EB2.

Once again guys, thanks a ton for the reply in advance.

Wish everyone Luck
 
myanshul said:
I'm Indian by nationality and my Fiancee' is Indian but was Born outside India in areas not affected by Retrogession.
Click to expand...

This is good. Under the principle of "cross-chargability" you can claim your wife's country of birth. I assume she was not born in China?

Basically, you will need to get married and get her into the country on a non-immigrant visa. Once your LC is approved, you will file an I-140/485, and she will file an I-485. You will write CROSS-CHARGEABILITY in big bold letters on your cover letter and at the top of your I-485s.

Make sure you submit a certified copy of her birth certificate, clearly stating her country of birth.
 
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