Can I do AOS if i marry my chinese girlfriend?

[diasdreamer]

Hi,

I'm Indian and my priority date for EB2 is 2016 and my Chinese girlfriend's priority date is dec 2020. My perm at my current employer is about to be done. Provided it goes through seamlessly and I-140 gets approved, can i do adjustment of status if we get married? Or do we have to wait till China becomes current for EB2 since it is Oct 19 right now.

Thanks. 

[newacct]

Yes. If you guys marry, your petition can be cross-charged to your spouse's country of chargeability (mainland China), if you guys are both doing AOS at the same time. So you would have an EB2 petition with a 2016 priority date, charged to China, which means AOS can be filed.

You don't need to wait until the I-140 is approved -- if the I-140 has not yet been filed, I-140 and I-485 can be filed together; or, if the I-140 has been filed and is pending, I-485 can be filed while I-140 is pending, as long as a visa number is available.

[Attorney_10]

In certain situations, an individual may use cross-chargeability and charge their priority date to their spouse’s country of birth rather than their own country of birth.