Marriage to a European citizen (Poland) after I-140 approved to an Indian Citizen

[pavan_2]

Hello All,

I have my PERM and I-140 approvals and I am Indian citizen. But I will be soon getting married to a Polish citizen who is on an F-1 visa. So my question is once I get married can I file for I-485 without waiting for the priority date since she is a POLISH citizen and they do not have any backlogs. Or Do I have to wait till my priority date come through coz I am the primary applicant. If anyone can shed some light on this issue I will be very grateful.


Thanks,
-Pavan

 

[ZlikeZebra]

Cross Charge

Actually it is not the citizenship that matters but the place of birth.

In any case, assuming that your spouse was born in a non retrogressed country (i.e. Poland for EB2) - than yes you can go ahead and file your I-485 immediately. Just make sure that you note the cross chargeability in big letters on the envelope to make sure that they don't miss it in the mail room.

And hurry - there are some indications that EB2 might retrogress for all countries in Q2 of 2006.

Good luck

ZlikeZebra

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TSC
EB2 World / HR Mgr

I-140:
RD: 11/18/05 -- ND:11/18/05 --AD: 12/12/05

I-485 Self/Spouse
RD: 11/18/05 -- ND:11/18/05 -- AD: XX/XX/XX
FP/Bio Code 3: 12/13/05 – Completed
LUD: 12/13/05

I-131 Self/Spouse
RD: 11/18/05 -- ND:11/19/05 -- AD: 12/21/05

I-765
Self: RD: 11/18/05 -- ND:11/19/05 -- AD: 12/16/05
Spouse: RD: 11/18/05 -- ND:11/19/05 -- AD: 12/29/05

 

[NIWOCT19]

Indian Citizen Married to European citizen.

Hi,

My friend (Indian Citizen H1-B, EB2) also in same situation but wife is on H-4 visa. Could you please answer If he can file for I-485 without waiting for the priority date since she is a POLISH citizen (H-4) and they do not have any backlogs or Do he has to wait untill his priority date come through because he is the primary applicant. Any assistance provided would be highly appreciated.

Thanks