crosscharge ability

[sanjaybhansal4u]

Please advice , 

I have my I-140 approved and my country of chargeability is India and my wife was born in UAE , But in her passport the place of birth is mentioned as India and also while filling her H-4 application we filed place of birth as India 3 years back. We just followed what was there in passport. 

Could I go ahead and file I-485 for both of us using her place of birth as cross-chargeability , I have her original birth certificate from UAE. Is it going to cause any problem . 

Also can some one please let me know how to get the place of birth changed in Passport, Does she have to travel to India and get this fixed in her passport or she can do it here in Indian consulate in USA 

Experts please advice . 

Thanks in advance

[jairichi]

Please advice , 

I have my I-140 approved and my country of chargeability is India and my wife was born in UAE , But in her passport the place of birth is mentioned as India and also while filling her H-4 application we filed place of birth as India 3 years back. We just followed what was there in passport. 

Could I go ahead and file I-485 for both of us using her place of birth as cross-chargeability , I have her original birth certificate from UAE. Is it going to cause any problem . 

Also can some one please let me know how to get the place of birth changed in Passport, Does she have to travel to India and get this fixed in her passport or she can do it here in Indian consulate in USA 

Experts please advice . 

Thanks in advance

First get the passport reissued with proper place of birth. You could apply to Indian consulate in USA.

[catx]

You need to consult with a qualified, experience immigration attorney.  I am sure your wife will need to get a new passport that correctly states her country of birth and your wife's immigration information will need to be updated for her correct country of birth.  Without having these two things done I strongly suspect that the USCIS will not accept your wife's documentation (i.e. passport stating one country of birth and a birth certificate for another country), especially if you are using your wife's country of birth for cross chargeability.

[sanjaybhansal4u]

I'll start the process of updating my wife passport with the correct place of birth at the earliest .

 

How can I have my wife immigration information updated , What does this exactly mean getting my wife immigration information updated and where can this be done.

 

I heard if we have correct correct Birth certificate and a good covering letter it should work , Kindly please let me know .

 

I just came across another link from another user Belle & attorney few minutes back , Please check out and please let me know how to proceed.

 

http://forum.murthy.com/index.php?/topic/8297-different-place-of-birth-in-passport-vs-birth-certificate/

 

Thanks

[catx]

You need to consult with a qualified, experience immigration attorney. 

[JoeF]

I'll start the process of updating my wife passport with the correct place of birth at the earliest .

 

How can I have my wife immigration information updated , What does this exactly mean getting my wife immigration information updated and where can this be done.

 

I heard if we have correct correct Birth certificate and a good covering letter it should work , Kindly please let me know .

 

I just came across another link from another user Belle & attorney few minutes back , Please check out and please let me know how to proceed.

 

http://forum.murthy.com/index.php?/topic/8297-different-place-of-birth-in-passport-vs-birth-certificate/

 

Thanks

What part of catx's response don't you understand?

Consult with a good immigration lawyer!

Don't be penny wise and pound foolish!

[Belle]

If you have the proper birth certificate from the authorities in UAE issued shortly after her birth, you should be OK to file. Since you have mentioned India in her visa documents, I would definitely seek immigration lawyer advice. However, her saying India in her visa application does not make it true. And misrepresentation needs to be cleared, though.

[sanjaybhansal4u]

I have consulted with an attorney and he told me to file for I-485 with the existing Birth Certificate from UAE and he told me I can change my place of birth in the Passport from India to UAE later once the green card gets approved. 

 

He also told me having the consistency is always better , But he suggested I can change my place of birth later once the green card gets approved. As USCIS doesn't care about the " Indian Passport place of birth " , Criteria for USCIS is Birth Certificate .

 

Kindly please let me know, How to proceed .

 

Thanks

[sanjaybhansal4u]

I have consulted with an attorney and he told me to file for I-485 with the existing Birth Certificate from UAE and he told me I can change my place of birth in the Passport from India to UAE later once the green card gets approved. 

 

He also told me having the consistency is always better , But he suggested I can change my place of birth later once the green card gets approved. As USCIS doesn't care about the " Indian Passport place of birth " , Criteria for USCIS is Birth Certificate .

 

Any thoughts or opinions please 

 

Thanks

[sanjaybhansal4u]

Any thoughts or opinions please ??

[pontevecchio]

Follow your Lawyers lead.

[Belle]

 

I have consulted with an attorney and he told me to file for I-485 with the existing Birth Certificate from UAE and he told me I can change my place of birth in the Passport from India to UAE later once the green card gets approved. 

 

He also told me having the consistency is always better , But he suggested I can change my place of birth later once the green card gets approved. As USCIS doesn't care about the " Indian Passport place of birth " , Criteria for USCIS is Birth Certificate .

 

Any thoughts or opinions please 

 

Thanks

 

Well, he is right. The birth certificate is the primary document. What Indian government thinks of her birthplace is a different issue altogether.

[sanjaybhansal4u]

Thanks for all the help and answers ,

 

I am on H-1B and my wife is on H-4, What if our  I-485 and EAD gets rejected , Do we have to leave the country or Can I continue on H-1B and my wife can continue on H-4 and my second question is what happens to my i-140 which is already approved .

 

Kindly please let us know.

 

Thanks

[pontevecchio]

In view of the complex nature of the situation please listen to your Lawyer and let him deal with it or get a different Lawyer. Your H1 will continue for the allowed 6 years with extensions if the I140 remains unrevoked. An approved I-140 remains a fact and allows PD retention Even if the I-140 is subsequently revoked. If your spouse was born in UAE why is it not mentioned in the passport ?unless she was a Diplomats Daughter?

[am35947]

Thanks for all the help and answers ,

 

I am on H-1B and my wife is on H-4, What if our  I-485 and EAD gets rejected , Do we have to leave the country or Can I continue on H-1B and my wife can continue on H-4 and my second question is what happens to my i-140 which is already approved .

 

Kindly please let us know.

 

Thanks

Hey Sanjay,  Did you have any progress with your cross chargability. Did providing your spouse's Birth Certificate help you without making changes to her passport. Appreciate if you can share your experience. Thanks

[anand_usa]

Hi Sanjay,

           Please let me know if you have gone through all these changes. What is the final output.

I am also going through the similar situation where my wife was born in Nepal and unknowingly I kept India as place of birth in her Indian passport.

Your response will be highly appreciated.

 

Thanks,

[sameerBLR]

On 6/13/2016 at 8:49 PM, anand_usa said:

Hi Sanjay,

           Please let me know if you have gone through all these changes. What is the final output.

I am also going through the similar situation where my wife was born in Nepal and unknowingly I kept India as place of birth in her Indian passport.

Your response will be highly appreciated.

 

Thanks,

Hi Anand, did you solve  this issue... what is the status of your immig applicaiton now, can you please help with this info

[anand_usa]

On 4/13/2017 at 12:55 PM, sameerBLR said:

Hi Anand, did you solve  this issue... what is the status of your immig applicaiton now, can you please help with this info

Not yet, I am still on H1B waiting for priority date. I have not yet chosen this route. 

Still I want to hear if Sanjay has successfully gone this route. If yes then I'll be confident to choose the similar way to move ahead in my GC process.