Raj489 Posted May 11, 2020 Report Share Posted May 11, 2020 Hello, I am Indian national, filled my green card in 2014 under EB2 and my I140 is approved. My wife is Mexican national and is currently on H4 EAD. Below are my questions. Please advise. 1. Is there is a way I can expedite my application processing because my wife is from mexico and mexican national priority date is current? 2. Can I file green card application for my spouse through H4 EAD? if not what are other options I can file green card for my wife? Quote Link to comment
User099 Posted May 11, 2020 Report Share Posted May 11, 2020 You can apply for GC on the basis of your wife's country of birth by using cross chargability. Quote Link to comment
pontevecchio Posted May 11, 2020 Report Share Posted May 11, 2020 (edited) Was she born in Mexico? Edited May 11, 2020 by pontevecchio Quote Link to comment
Raj489 Posted May 11, 2020 Author Report Share Posted May 11, 2020 Yes, she is born in Mexico. Quote Link to comment
pontevecchio Posted May 11, 2020 Report Share Posted May 11, 2020 Basically, if your wife was born in Mexico, you can file AOS now. Quote Link to comment
Raj489 Posted May 12, 2020 Author Report Share Posted May 12, 2020 Thank you all for responding. What are steps I should follow for filing AOS or cross changeability. I did some research and found that my wife should file I-485 and then I can file for cross changeability. Please help me with following steps. Quote Link to comment
User099 Posted May 12, 2020 Report Share Posted May 12, 2020 Its better to hire an attorney to do the paperwork. Quote Link to comment
JoeF Posted May 12, 2020 Report Share Posted May 12, 2020 12 hours ago, Raj489 said: Thank you all for responding. What are steps I should follow for filing AOS or cross changeability. I did some research and found that my wife should file I-485 and then I can file for cross changeability. Please help me with following steps. You can both file together. Just add a note that you are using cross-chargeability. I would make that big so that they can't overlook it. Quote Link to comment
newacct Posted May 13, 2020 Report Share Posted May 13, 2020 (edited) On 5/11/2020 at 11:45 PM, Raj489 said: Thank you all for responding. What are steps I should follow for filing AOS or cross changeability. I did some research and found that my wife should file I-485 and then I can file for cross changeability. Please help me with following steps. You need to both file I-485 together. She cannot file I-485 before you file I-485 because she is your derivative beneficiary. Edited May 13, 2020 by newacct Quote Link to comment
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