Cross Chargeability

[hnv]

Hi,

I am extremely confused with Cross Chargeability and would be greatful if someone could help me. My fiance is on EAD and has a PD of May 2007 in EB3 category. I would be getting married to him soon but since I have masters and will be on EB2 category after my H1b. Also,I am also born in UAE ( I believe it has a current PD)... Can I interfile with him and if so, would he benefit from both my EB2 status and country of birth , thereby making both our cases current PD or if I get added to his application then he would only benefit from my country of birth and not the EB2 status ??

There is so much confusion that I am hoping if someone can clarify.

Thank You.

[Raj_Chicago]

Whatever you have thought through is correct. Cross-chargeability is applied while filing I-485, your spouse would also benefit from this.

[Attorney_19]

Cross-chargeability can be used so that an I-485 can benefit from his/her spouse's country of birth. Generally, a person is chargeable to his/her country of birth. But a person can also be charged to his/her spouse's country to birth, as long as they are applying for the immigrant visa or adjustment of status together.

[Attorney_19]

The issue of cross-chargeability only relates to country of birth; cross-chargeability does NOT mean one spouse can transfer EB2 or EB3 classification to the other spouse.