H1 spouse apply I485 based on H4 -Other country(Malaysia)

[kar3456]

Hi All,

I have a question.I am an indian citizen H1 holder approved for I140.

My wife is a malaysian citizen(born in malaysia) and not working and in H4 .

Can i go for I485 Filing based on her country of birth(malaysia)  which has the status of current.

Thanks for your response.

Thanks,

Karthik

[JoeF]

Yes, that is possible. It is known as cross-chargeability. Talk with your lawyer.

[catx]

Yes, if your priority date is current under the your EB preference category for ROW, then you can both file I-485 adjustment of status applications using your wife's country birth and cross changeability.  You need to let your lawyer know you are using cross changeability so that it can be properly identified and documented on the adjustment of status applications.

[pontevecchio]

Yes. Talk to a Lawyer.

[VMM_IN]

Hi Karthik,  I am in exactly the same situation.   Where you able to get your I485 and the GC ?  I would like to know the process and timelines.

Thanks in advance.

Vijay