GC priority date for 2A category when the couple are from different countries

L

lovelylady

Registered Users (C)
Hi Everybody,

Thanks for the support I have received from the forum members thus far. I have another clarification with regards to my green card application.

Details: I am an Asian and the Priority date for my country is June 1st 2010. My fiance is from one of those countries in the European Union and is a legal Permanent Resident. I am on F1 OPT till July 1011.


Here are some questions on Priority date and I-485 filing:

1. Can I claim the priority date of my spouse's country as I am married to a citizen from EU ?

2. If answer to my question no 1 is YES, how?

3. Since the priority date for his country is current in 2A category, can I file both I-130 and I-485 together ?

Thanks
 
For F2A, only the country of the new immigrant is considered.

Cross-chargeability only applies if both of you are immigrating pursuant to the same petition (one of you is primary, the other is derivative).
 
3. Since the priority date for his country is current in 2A category, can I file both I-130 and I-485 together ?
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You misunderstand priority dates. The priority date for a family case is established when the I-130 is filed. So if the I-130 is filed today, the priority date for it would be November 2, 2010, which would make it NOT be current, which means you can't I-485 yet.
 
Jackolantern,

Thanks for the clarification on my questions.

I understand what PD means. I intended to ask :

Can I-130 and I-485 be filed together for a LPR spouse if the priority date is current ( assuming I am from one of those eligible countries ) ?
 
Filing I-130 and I-485 together for the family 2A category is only allowed if the visa bulletin shows 'C' for that category.
 
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