patchrowcester Posted October 19, 2012 Report Share Posted October 19, 2012 I am an Indian citizen, and I am married to a Norwegian citizen. I understand that green card processing for Indian citizens takes like 6-7 years in EB2 category. I am wondering if my application is going to get processed any faster because my wife is a Norwegian citizen. Thanks in advance! Link to comment
JoeF Posted October 19, 2012 Report Share Posted October 19, 2012 Country of birth matters, not citizenship. If your spouse was born in Norway, then you could use cross-chargeability, i.e., the case would get current based on the ROW dates. Link to comment
catx Posted October 19, 2012 Report Share Posted October 19, 2012 If you / your employer is pursuing your permanent residency (green card) and your wife is a dependent and will eventually be filing for derivative permanent residency (green card), then it is your process as an Indian citizen. Your wife's nationality has no bearing on the EB(-2) country of chargeability. The length of time for an EB-2 category permanent residency can vary considerably based on many (many) internal and external factors. Link to comment
pontevecchio Posted October 20, 2012 Report Share Posted October 20, 2012 You can use the country of birth of your spouse for processing. Link to comment
patchrowcester Posted October 21, 2012 Author Report Share Posted October 21, 2012 You can use the country of birth of your spouse for processing. Could you please tell me what that means? Do you mean that we could do this even if she is completely dependent on me? i.e she continues to be on H4. thank you very for for your replies! Link to comment
pontevecchio Posted October 21, 2012 Report Share Posted October 21, 2012 What is her country of birth? Link to comment
patchrowcester Posted October 22, 2012 Author Report Share Posted October 22, 2012 What is her country of birth? Norway. My country of birth - India. I am on H1. She is on H4. My employer will be filing for the green card. Link to comment
pontevecchio Posted October 22, 2012 Report Share Posted October 22, 2012 "If your spouse was born in Norway, then you could use cross-chargeability, i.e., the case would get current based on the ROW dates" What JoeF said...... Link to comment
patchrowcester Posted October 23, 2012 Author Report Share Posted October 23, 2012 Country of birth matters, not citizenship. If your spouse was born in Norway, then you could use cross-chargeability, i.e., the case would get current based on the ROW dates. So let me get this straight. My wife is a Norwegian - she is born in Norway, holds a Norwegian passport, got her birth certificate from Norway, etc. She is going to be my dependent i.e. my company will be filing for my green card. She will be on H-4. I can see use her country of birth to expedite my green card process, right? If you / your employer is pursuing your permanent residency (green card) and your wife is a dependent and will eventually be filing for derivative permanent residency (green card), then it is your process as an Indian citizen. Your wife's nationality has no bearing on the EB(-2) country of chargeability. The length of time for an EB-2 category permanent residency can vary considerably based on many (many) internal and external factors. So basically what you said is incorrect, in the sense that my wife's country of chargeability can be used instead of mine, right? Link to comment
catx Posted October 23, 2012 Report Share Posted October 23, 2012 So basically what you said is incorrect, in the sense that my wife's country of chargeability can be used instead of mine, right? Yes, I stand corrected since you are talking about your wife’s nation of birth, and thus country of chargeability, versus citizenship (which could be different). My apologies for any misleading information. You should consult with a qualified, experienced immigration attorney to ensure that you get the 'correct' country of chargeability / cross-chargeability on your immigration filings (i-140 petition I believe). Link to comment
pontevecchio Posted October 23, 2012 Report Share Posted October 23, 2012 Cross chargeability is an exception to the general rule that allows the visa number for a principal applicant to be charged to the country of birth of the accompanying spouse... You seem very reluctant to believe. Link to comment
patchrowcester Posted October 23, 2012 Author Report Share Posted October 23, 2012 Yes, I stand corrected since you are talking about your wife’s nation of birth, and thus country of chargeability, versus citizenship (which could be different). My apologies for any misleading information. You should consult with a qualified, experienced immigration attorney to ensure that you get the 'correct' country of chargeability / cross-chargeability on your immigration filings (i-140 petition I believe). Not a problem. I saw two completely opposite responses and that confused me. Thanks for help anyway! Cross chargeability is an exception to the general rule that allows the visa number for a principal applicant to be charged to the country of birth of the accompanying spouse... You seem very reluctant to believe. It wasn't that I was doubting anyone, its just that I got two responses that said the opposite, but then I searched for cross-chargeability (I didn't know that was a thing) and sure enough, there is some information on it, which is very helpful to us. Thanks again for all the help. Much appreciated. Link to comment
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