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Cross Chargeability

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I am a Indian citizen ( Indian Birth Certificate), but my wife is south American ( Peruvian birth Certificate), with our son who is also indian born (4 year old), my company is ready to transfer me to USA on L1B visa (EB2 ) filling, as of today for Indian citizens route from EB2 to green card takes more than a decade, I wanted to check if i can expedite the process using cross Chargeability option while applying GC

Edited by Pawan1988

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Yes, cross-chargeability is available for you. Tell the lawyer. On the I-485, cross-chargeability would have to be mentioned.

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Yes, you guys can all be chargeable to Peru (which is current for EB2), as long as you and your wife are immigrating at the same time.

Edited by newacct

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Hi, I have a question regarding cross-chargeability. Can you please help with the following scenario:

Principal applicant, from India, applied GC under EB2 category and then filed for I-485. He was single at that time. Priority dates retrogressed after this and I-485 has been pending for several years.

He gets married and his spouse is from a different country for which PD is current. He needs to apply for his spouse's I-485. Can he use his spouse's country of birth  for his spouse's I-485 so she can get her GC immediately (since her country's PD is current). Can he use his spouse's country of birth to speed his already applied I-485 (or file another one)? Please help.

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