Green card filing for Mexican National Spouse

[Raj489 0]

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?

[User099 0]

You can apply for GC on the basis of your wife's country of birth by using cross chargability. 

[pontevecchio 12]

Was she born in Mexico?

Edited May 11, 2020 by pontevecchio

[Raj489 0]

Yes, she is born in Mexico.

[pontevecchio 12]

Basically, if your wife was born in Mexico, you can file AOS now.

[Raj489 0]

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.

[User099 0]

Its better to hire an attorney to do the paperwork.

[JoeF 7]

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.

[newacct 0]

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