I-485 Cross Chargeability Spouse not present

B

bw1845479

Member
Hello All,
I have applied for I-485 using cross chargeability and have my interview soon. My wife was not able to enter the country and after talking with USCIS Support person her I-131 will be denied because she was travelling while it was pending, So I will have to go to the interview by myself -
Below are the documents we have together -
- joint leases
- electricity
- taxes

Will it be a problem if she is not available in the interview? what will happen to my case I have heard one can only use cross chargeability if both the applicant are immigrating together.
 
Indeed, you cannot adjust before her if you are cross-charging to her country of eligibility, regardless of whether you are principal or derivative.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6

In order to benefit from cross-chargeability, both applicants must be eligible to adjust status. A derivative using the principal’s country of chargeability may adjust status with the principal or at any time thereafter. When a principal uses the derivative spouse’s country of chargeability, both applicants are considered principal applicants: one for the purpose of conferring immigrant status and the other for the purpose of conferring a more favorable chargeability. As such, the officer should approve both adjustment applications at the same time.
 
what happens to my application? because her I-131 is most likely denied since she was travelling so she cant enter the country. do you think officer might approve both of ours application without she being present in the interview? Even if they reschedule the interview she wont be able to enter the country because she wont have any basis to enter.
Can my application be denied?
 
Did she have H or L status right before she left the US? Does she have a previous AP that is still valid?
 
Are you the principal? if so your case seems kind of stuck to me, bad planning on your parts. From what you have said I presume any prior visa status has lapsed and you are in adjustment pending, or she would not need i131/could return in prior status - is this accurate? What is the basis for adjustment? How much longer till your original country priority date gets current?

The extract from the manual seems to make clear the IO cannot approve the adjustment without her there, in my reading.
 
Yes I am the principal, I am EB2 India my wife was on B2 visa when we filed for I-485 her B2 has also expired. My priority date is 2012 which is long away.

Do you know what could be my options now?
 
I am guessing you will have to go through consular processing if you do not want to wait for your PD to become current? I don't see any other way, admittedly I am not a lawyer and maybe there is a trick i am unaware of.
 
Since your wife’s I-485 will now be considered as abandoned, I don’t think yours will be approved either.
 
I am somewhat curious as to the progression of this if you are cross charging to your wife but she entered on a B. Were you married before she entered? How long after she entered was the i485 filed?
 
her EAD/AP was valid till Jan 12 2020 so she was trying to enter on Jan 06 2020 but they didnt let her leave her home country.
 
SusieQQQ said:
This must have been a new one, he said "her previous AP already expired on 12Jan 2020"
Click to expand...
Well what happened is when we filed for I-765 and I-131 USCIS didnt adjudicate both of them together so she just got Work Permit saying Not Valid for Re-entry. but she did have EAD/AP till Jan 12 2020 so she thought she should be fine to travel on Jan 06 2020
 
SusieQQQ said:
This must have been a new one, he said "her previous AP already expired on 12Jan 2020"
Click to expand...

Yeah, I saw that. So trying to figure out how and when the new/pending I-131 was applied considering the spouse was already out of the US before that one expired.
 
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