Problem with Foreign State Chargeability

N4329M

New Member
We are in a closed loop and maybe this forum will be able to help.

Currently, my wife’s family based immigrant petition is waiting at NVC.

She was born in the Philippines, which means a priority date might become due somehow in 15 years.

I was born in Germany and therefore she would like to claim the country of birth of the spouse (me).

We informed NVC and they told us they can’t change Foreign State Chargeability. This could only be done at the Consulate in Germany.

We contacted the appropriate Consulate and they told us that they can’t make any changes as long as they don’t receive the case from NVC.

But NVS will only transfer the case at the time it becomes current.

Now, if becoming current is associated with the waiting list of the Philippines, claiming the country of birth of the spouse is becoming useless.

According to Section 202(b) of the Immigration and Nationality Act, we are claiming a change based on a law.

Does everyone here have experiences how to do it? How can we assure that this case will be treated to "All Chargeability Areas" and therefore becoming current within 6 month based on the July-Visa-Bulletin?

Unfortunately, I asked my Immigration Attorney but she doesn’t know how to fix this problem.

Thanks for helping out here!
 
Thanks for responding but I think this would not really help.

Filing another petition would result in a new priority date and that turns into another waiting period of more than 8 years.

Since our status change is based on a law, I think a more efficient way should be available.
 
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