Retrogression and Cross Changeability

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krips99

Registered Users (C)
Do we have any documentation on Cross Changeability?

My wife is a British citizen and United States permanent resident. Can I apply under British quota if my employment based 485 is retrogressed ?

Thanks!
 
If the alien is married to another alien who is a citizen of a different country, the couple can apply under the more favorable quota. For example, if a woman born in the Philippines is married to a man born in Canada, the application for permanent residence can be made under either the Philippine or Canadian quota. In this case, the Canadian quota would be more favorable than that for the Philippines.

However, do keep in mind that "citizen" here is really meant "country of birth place", rather than the country that currently issues your passport.
 
Thanks for your response

Yes my wife was born in England and she holds Brithish passport.
 
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