Marriage to European and priority dates of I-485

E

EB2_VJ

New Member
Hi,

I am Indian Citizen (H1-B, EB2) and my wife (H-4) is European. Could anyone please answer If I can file for I-485 without waiting for the priority date since she is European (H-4) and they do not have any backlogs or Do I have to wait untill my priority date come through because I am the primary applicant. Any assistance provided would be highly appreciated.

Thanks :)
 
EB2_VJ said:
I can file for I-485 without waiting for the priority date since she is European (H-4) and they do not have any backlogs or Do I have to wait untill my priority date come through because I am the primary applicant.
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You can use cross-chargeability to claim your spouse's country of birth. Make sure you emphasize this in BIG BOLD LETTERS on your cover letter when you file the I-485, and probably at the top of page 1 of the I-485.
 
Spouse have to be on H4???

If you are married, does it required for spouse to hold H4 visa. Specially in case of UK citizen who are allowed to visit US for 90 days without any visa. Can we apply for AOS (I 485) if you are married and spouse is living in UK?
 
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