cross-chargeability....

[zak74]

Hi, I have approved I-140 and 3 years H1B extension was granted recently based on that. My PD is in Nov 2008. I'm waiting for my PD to become current. My girl friend is on student visa and was born in Europe.

I will be primary applicant and I think I can use

cross-chargeability in this case.

1. What kind of documents are needed to prove cross-chargeability? Is there a link where all the required documents are listed? Will there be interviews?

2. I live in a different state than my GF currently since I had to move due to a job. This may be temporary but am not sure how long.

Will this affect my application? Do we have to be in same location?

3. What is the normal time line to get approval in this case if we apply in the next month or two?

4. Do I still have to apply through my employer using cross-chargeability?

Please let me as I have to take a decision quickly.

Thanks

Z

[Belle]

1. Her birth certificate and your marriage certificate.

2. Irrelevant. You are not even married yet.

3. See #2.

4. Do you have any other immigrant petitions, like through relatives? If this is the only immigrant petition you have, that's the one you will have to use. Plus, you never apply "through" employer. You accept their job offer and then apply yourself (you as a petitioner).

[zak74]

Update: sorry. I forgot to mention that we are planning to get married soon.

[zak74]

Originally posted by Belle:

1. Her birth certificate and your marriage certificate.

2. Irrelevant. You are not even married yet.

3. See #2.

4. Do you have any other immigrant petitions, like through relatives? If this is the only immigrant petition you have, that's the one you will have to use. Plus, you never apply "through" employer. You accept their job offer and then apply yourself (you as a petitioner).

Thanks Belle. Regarding #2, We are planning to get married soon. After our marriage,do we have to live in the same location? Due to the current job market and me being in an H1B it's not always possible stay in the same location. But she has to continue her college in one location.

[zak74]

Originally posted by Belle:

1. Her birth certificate and your marriage certificate.

2. Irrelevant. You are not even married yet.

3. See #2.

4. Do you have any other immigrant petitions, like through relatives? If this is the only immigrant petition you have, that's the one you will have to use. Plus, you never apply "through" employer. You accept their job offer and then apply yourself (you as a petitioner).

Thanks Belle!

Regarding #4, I don't have any other immigrant petitions. So from your reply, I can apply for I-485, AP, EAD on my own without the involvement of my employer?

Will there be any situation where I will need to inform my employer about the marriage and require documents from them? My employer has been good with me so far but I don't know how they will act once they know I'm eligible to apply for I-485 sooner than they thought.

[Belle]

"So from your reply, I can apply for I-485, AP, EAD on my own without the involvement of my employer?"

You will apply in any case yourself. From the employer, you only need the job offer/confirmation letter and I-140 approval. Basically, the employer either offers you the permanent position and you apply for the green card, or they don't, in which case you should be looking for a different job.

However, it is not clear from your explanation how soon you will be able to file your petition even in ROW category.

You don't have to live together for bona fide marriage, but the USCIS may have questions for you, obviously.

[zak74]

Originally posted by Belle:

"So from your reply, I can apply for I-485, AP, EAD on my own without the involvement of my employer?"

You will apply in any case yourself. From the employer, you only need the job offer/confirmation letter and I-140 approval. Basically, the employer either offers you the permanent position and you apply for the green card, or they don't, in which case you should be looking for a different job.

However, it is not clear from your explanation how soon you will be able to file your petition even in ROW category.

You don't have to live together for bona fide marriage, but the USCIS may have questions for you, obviously.

Hi Belle,

Thanks for the clarifications.

I'm on EB2 - India ROW. PD is Nov 2008.

I have I-140 approved and have a copy of the receipt. My fiancee was born in a European country.

[krane]

Hi Zak

I came across your post and thought I would tell you about my experience.

Case Details -

Priority Date - July 2009, Country of Chargeability - India, Category - EB2

Wife is currently on F1 and was born in Pakistan.

We got married in December and using the cross chargeability clause filed for I485 in Feb 2011. We live in seperate states as well as she goes to school in Florida and I work in Texas.

Given your case details, I would assume you can file under cross chargeability - I would suggest using a good lawyer (I filed through Murthy) as there are a lot of supporting documents that are required.

We filed our in the 1st week of Feb and are anxiously waiting a response.

Good Luck!

[TkNeo]

Krane,

I am in a similar situation. Could you please post your case status.

Thanks !

TK

[krane]

Hi TKNeo

We have finished our biometrics appointment as of last week but havent received any updates regarding EAD, AP or 485.

It will be 90 days in the 1st week of May since we filed our applications.

Can you post your case details?

Thanks!

[TkNeo]

Krane,

Thanks a LOT for quick response.

My case status: India EB2 PD Nov 2008, wife from ROW country. We applied March 1 and recently got a rejection because my awesome lawyer forgot to include the check. Resubmitted the application and hoping to get an acceptance notice soon. I am in a similar boat as you as wife and I don't live together.

Can you email me. My email address should be visible when you click on my username.

[jpagreen]

Hi every one,

I applied for I-485 under EB3 India during July 2007. When I applied I didn't know I am eligible for the cross chargeabily. My wife is born in UAE and I didn't apply on the ROW category since I am the primary on the application and I am from India and I was not aware of the cross chargeability that time. My priority date is April 2006. Eventhough I am not current yet, should I notify USCIS about it now? My lawyer told me to wait until visa bulletin has a date after April 2006 for EB3 ROW.

Thanks

[Belle]

"My priority date is April 2006. Eventhough I am not current yet, should I notify USCIS about it now?"

Get an InfoPass and ask the officer whether your country of chargeability (on your I-485) is India. If it is, ask how to change it to UAE based on the birthplace of your spouse. Unless it happened automatically (and that can and does happen), I would try to take care of it right away. It may be a couple months before the USCIS gets around to fixing your case.

[jpagreen]

Hi Belle,

Thanks for the quick response,greatly appreciated.

[pardesibabu]

Hi,

My I-140 was approved recently under EB-2.

I was born in India (Indian Passport holder). My wife was also born in India but she became a naturalized Australian citizen and was raised in Australia.

Question: Can I apply for I-485 by using cross-chargeability since there are no visas currently available for EB-2 for India?

Please advise if I can benefit from cross-chargeability rule.

Regards

[Bamaboy77]

Cross chargeability is based on country of birth not citizenship.

[TkNeo]

Hi pardesibabu

cross chargeabiltiy is based on country of birth and not country of citizenship

TK

[raseshshah]

Can I use Cross Chargeability if my wife already has green card..?