need ur help guys (contry of residence and country of chargeability)

B

bijuria11

Registered Users (C)
ok, my brother filled for me in oct of 1999, i got a letter saying file moved to NVC(or someplace else) where it will stay until a visa number is available for me.

this is wht the info it shows about me:
case number= NRB XXXX XXX XXX
pa name = my name
preference category = f4(brothers and sisters of u.s. citizens)
your priority date= xx oct 1999
foreign state chargeability = india

i live in kenya(capital is nairobi(NRB), husband and kids are all kenyan citizens, and im a indian citizen. so should i follow the visa bulletin for india or kenya??? it says chrgeability = india, but the case number starts from NRB meaning kenya. any help is appreciated greatly, thnks.
 
Your chargeability is where you were born.

My parents are in a similar situation. Your chargeability is where you were born. For example, my parents have not lived in India for more than 50 years and have been citizens of Canada for 35 years but the USCIS still lists their chargeability as India. My parents follow the Canadian consular processing route and not the Indian one. That means that you must use the consular processing for where you are now, Kenya. You must follow the procedure for where you are a legal resident, not where you were born.
 
yes if you are not a citizen of kenya, you should follow the indian consulate requirements by all means,, but i would call and confirm that from USCIS before you make any move.
 
canuckbro said:
My parents are in a similar situation. Your chargeability is where you were born. For example, my parents have not lived in India for more than 50 years and have been citizens of Canada for 35 years but the USCIS still lists their chargeability as India. My parents follow the Canadian consular processing route and not the Indian one. That means that you must use the consular processing for where you are now, Kenya. You must follow the procedure for where you are a legal resident, not where you were born.
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that's strange. I would assume that since they are Canadian citizens, they could be charged to Canada.
 
I thought that was only applicable to the lottery based GCs. Are you saying an employment based India/China born GC applicant can use his spouse's country of birth (assuming spouse was not born in India/China) to accelerate his/her immigrant number availability?


TheRealCanadian said:
That, and the country of birth of one's spouse. Using that nation instead of one's own nation is known as cross-chargability.
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Triple Citizen said:
I thought that was only applicable to the lottery based GCs. Are you saying an employment based India/China born GC applicant can use his spouse's country of birth (assuming spouse was not born in India/China) to accelerate his/her immigrant number availability?
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Yes. Cross-chargability can be used in all Immigrant Visa categories, not just the DV Lottery.
 
canuckbro said:
My parents are in a similar situation. Your chargeability is where you were born. For example, my parents have not lived in India for more than 50 years and have been citizens of Canada for 35 years but the USCIS still lists their chargeability as India. My parents follow the Canadian consular processing route and not the Indian one. That means that you must use the consular processing for where you are now, Kenya. You must follow the procedure for where you are a legal resident, not where you were born.
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so u r saying i should follow the dates for kenya and not india???
 
yes i was born in india, married a kenyan citizen, so il utterly lost on whether i should follow the dates for india or kenya. IT DOES says county of chargeability = india, but the case number starts with NRB(capital city of kenya), so doesnt this mean tht the file will come out in kenya? and i should follow the dates for kenya???

but then it says country of chargeability = india, so tht bring me back into a neverending loop. thnks guys for replying.
 
TheRealCanadian said:
That, and the country of birth of one's spouse. Using that nation instead of one's own nation is known as cross-chargability.
Click to expand...

TheRealCanadian said:
Yes. Cross-chargability can be used in all Immigrant Visa categories, not just the DV Lottery.
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thts good news for me, but im still like 50/50 on whether i should follow dates for india or kenya. i tried to look at uscis for cross chrgeability and i found nothing so far. but i did find this:
http://www.asianjournal.com/?c=166&a=15818

oh man,now im like 75(kenya) and 25(india), i hope its tht way, cuase itll be like almost a year faster. (fingers crossed)
 
Are you and Indian or a Kenyan?

What passport do you travel with? My parents both have Canadian passports. So it doesn't matter what their chargeabilty is, they are Canadians and the NVC treats them as such. Are you a citizen of India or Kenya? That will determine which schedule to follow. Now if your spouse is also immigrating then you can invoke the cross-chargeability. If you are a Kenyan then you follow the rules for Kenya, but it sounds like you are an Indian citizen (could you also be a Kenyan PR?) so you would probably need to follow the rules for India. Whether you will be allowed to go through CP at Nairobi is something you will need to discuss with the NVC and the embassy in Nairobi. If they have assigned you a Nairobi number then there must be some reason for it. I would look through the documents you filed to make sure that you are not listed as a Kenyan citizen or PR if you are not. Perhaps it is because you may have listed you husband as someone who is accompanying you on your application that you have been assigned to Nairobi. In other words, the USCIS might have already adjusted your application to take cross-chargeability into account.
 
canuckbro said:
What passport do you travel with? My parents both have Canadian passports. So it doesn't matter what their chargeabilty is, they are Canadians and the NVC treats them as such. Are you a citizen of India or Kenya? That will determine which schedule to follow.
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This is wrong. As I've said before, citizenship is IRRELEVANT in determining chargeability, it's solely determined by birth country (that of the alien and/or the spouse).

As an example, take an Indian who emigrates to Canada and becomes a Canadian citizen, thereby losing Indian citizenship. As such, he will be treated as Indian for chargeability, but will be unable to do CP in India since he is no longer an Indian citizen and must do it in Canada.
 
bijuria11 said:
thts good news for me, but im still like 50/50 on whether i should follow dates for india or kenya. i tried to look at uscis for cross chrgeability and i found nothing so far. but i did find this:
http://www.asianjournal.com/?c=166&a=15818

oh man,now im like 75(kenya) and 25(india), i hope its tht way, cuase itll be like almost a year faster. (fingers crossed)
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Read the link you posted one more time very carefully.
 
TheRealCanadian said:
This is wrong. As I've said before, citizenship is IRRELEVANT in determining chargeability, it's solely determined by birth country (that of the alien and/or the spouse).

As an example, take an Indian who emigrates to Canada and becomes a Canadian citizen, thereby losing Indian citizenship. As such, he will be treated as Indian for chargeability, but will be unable to do CP in India since he is no longer an Indian citizen and must do it in Canada.
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I THINK YOU'D BETTER REREAD MY POST! YOU'RE ARGUING WHAT I STATED ALREADY. CHARGEABILITY AND CITIZENSHIP AREN'T NECESSARILY THE SAME. YOU MUST FOLLOW THE RULES FOR YOUR CITIZENSHIP, NOT THE RULES FOR YOUR CHARGEABILITY! NOW QUIT ARGUING WITH YOURSELF!
 
canuckbro said:
I THINK YOU'D BETTER REREAD MY POST! YOU'RE ARGUING WHAT I STATED ALREADY. CHARGEABILITY AND CITIZENSHIP AREN'T NECESSARILY THE SAME. YOU MUST FOLLOW THE RULES FOR YOUR CITIZENSHIP, NOT THE RULES FOR YOUR CHARGEABILITY! NOW QUIT ARGUING WITH YOURSELF!
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No need to "yell" :rolleyes:
 
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