Hi, I hope someone can help me
My husband and I are applying or our green cards at the moment. He is the principal applicant (EB3 category).
We have a priority date of August 2008. The waiting is slowly driving us crazy (actually not so slowly!!). I recently heard something about Cross Chargeability. Can anyone shed some light on this? From what I understand (and that's not much) it may be 'quicker' to get the Green Card if the spouse of the main applicant is from a different country. Well, although he is from Pakistan, I am a British national @born and raised there). Would the Cross Chargeability be something that we could use to our advantage? Or have I just got the wrong end of the stick??
As NEITHER country is oversubscribed, this is not applicable. It is an interesting topic so, here is some info.
FROM:
http://www.uscis.gov/portal/site/us...toid=aa290a5659083210VgnVCM100000082ca60aRCRD
Cross-Chargeability
Employment based cases are amenable to visa cross-chargeability provisions for principal applicants (that may have a visa retrogressed priority date), who have spouses from a country for which a visa cut-off date may provide a visa allocation. For more information on cross-chargeability, see the “Department of State: Visa Homepage” link to the right.
INA 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
(b) Rules for chargeability
Each independent country, self-governing dominion, mandated
territory, and territory under the international trusteeship system of
the United Nations, other than the United States and its outlying
possessions, shall be treated as a separate foreign state for the
purposes of a numerical level established under subsection (a)(2) of
this section when approved by the Secretary of State. All other
inhabited lands shall be attributed to a foreign state specified by the
Secretary of State. For the purposes of this chapter the foreign state
to which an immigrant is chargeable shall be determined by birth within
such foreign state except that (1) an alien child, when accompanied by
or following to join his alien parent or parents, may be charged to the
foreign state of either parent if such parent has received or would be
qualified for an immigrant visa, if necessary to prevent the separation
of the child from the parent or parents, and if immigration charged to
the foreign state to which such parent has been or would be chargeable
has not reached a numerical level established under subsection (a)(2) of
this section for that fiscal year;
(2) if an alien is chargeable to a
different foreign state from that of his spouse, the foreign state to
which such alien is chargeable may, if necessary to prevent the
separation of husband and wife, be determined by the foreign state of
the spouse he is accompanying or following to join, if such spouse has
received or would be qualified for an immigrant visa and if immigration
charged to the foreign state to which such spouse has been or would be
chargeable has not reached a numerical level established under
subsection (a)(2) of this section for that fiscal year;...........
