rhythm Posted January 23, 2014 Report Share Posted January 23, 2014 I am currently working as a full time for some Caner Research projects. I am interested in applying for Green Card. I got my Phd from Indian Institute of Technology(Ivy League in India), India in 2009. I worked for three universities in last 5 year. I am working in field of cancer biology. I have 4 published paper, but unfortunately I am not the first author. My first Author 2 publication is under review, will be out soon. Till now have total 31 citations. I want to apply for green card through EB1, What are the chances of me being accepted in this category? I have one more question. My fiance is a Nepali citizen, and we are planning to get married soon. Please let me know if that would help me getting GC early. As i know being an indian citizen it will take very long time to get GC except in EB1. Thanks You! Link to comment
jairichi Posted January 23, 2014 Report Share Posted January 23, 2014 I am currently working as a full time for some Caner Research projects. I am interested in applying for Green Card. I got my Phd from Indian Institute of Technology(Ivy League in India), India in 2009. I worked for three universities in last 5 year. I am working in field of cancer biology. I have 4 published paper, but unfortunately I am not the first author. My first Author 2 publication is under review, will be out soon. Till now have total 31 citations. I want to apply for green card through EB1, What are the chances of me being accepted in this category? I have one more question. My fiance is a Nepali citizen, and we are planning to get married soon. Please let me know if that would help me getting GC early. As i know being an indian citizen it will take very long time to get GC except in EB1. Thanks You! EB1 is almost impossible. EB2-NIW is possible. Talk to a good immigration attorney. Link to comment
rhythm Posted January 23, 2014 Author Report Share Posted January 23, 2014 Thank you @ jairichi If i am married to a nepali citizen? is that possible to apply in nepal Quota ? Link to comment
jairichi Posted January 23, 2014 Report Share Posted January 23, 2014 Thank you @ jairichi If i am married to a nepali citizen? is that possible to apply in nepal Quota ? Not possible. Your country of birth matters. Link to comment
rahul412 Posted January 23, 2014 Report Share Posted January 23, 2014 Thank you @ jairichi If i am married to a nepali citizen? is that possible to apply in nepal Quota ? No that's not possible. It depends on the where you born, not your spouse's. Link to comment
catx Posted January 23, 2014 Report Share Posted January 23, 2014 If i am married to a Nepali citizen? is that possible to apply in Nepal quota ? The country of chargeability is a person's country of birth, not necessarily their citizenship. If you marry your finance and she was born in Nepal, then you could use cross chargeability and come under the rest of world (RoW) quota. Link to comment
pontevecchio Posted January 24, 2014 Report Share Posted January 24, 2014 Hence if you are married to a citizen of Nepal your EB2-ROW will be current. Get a Good lawyer and spend some money. Your chances are very good given the right lawyer. Link to comment
jairichi Posted January 24, 2014 Report Share Posted January 24, 2014 The country of chargeability is a person's country of birth, not necessarily their citizenship. If you marry your finance and she was born in Nepal, then you could use cross chargeability and come under the rest of world (RoW) quota. @catx: In this case my understanding was cross chargeability applies only when OP's spouse has her own GC process in parallel. Correct me if I am wrong. Link to comment
catx Posted January 24, 2014 Report Share Posted January 24, 2014 Hence if you are married to a citizen of Nepal your EB2-ROW will be current. Get a Good lawyer and spend some money. Your chances are very good given the right lawyer. A correction is if he was married to a person born in Nepal. (A person's citizenship may not be the same as the country of birth.) @catx: In this case my understanding was cross chargeability applies only when OP's spouse has her own GC process in parallel. Correct me if I am wrong. I believe a derivative I-485 adjustment of status application is the spouse's own permanent residency (green card) process. At least that is what I recall reading. A check with an authoritative source, i.e. a qualified, experienced immigration attorney should be sought out out for confirmation. Link to comment
rahul412 Posted January 24, 2014 Report Share Posted January 24, 2014 @catx: In this case my understanding was cross chargeability applies only when OP's spouse has her own GC process in parallel. Correct me if I am wrong. I had the same opinion on that. Am I wrong? Link to comment
pontevecchio Posted January 24, 2014 Report Share Posted January 24, 2014 Cross chargeability applies to the place of birth of the spouse. If the spouse was born in Nepal then the PD for Nepal can be used for an EB2-NIW petition. Link to comment
jairichi Posted January 24, 2014 Report Share Posted January 24, 2014 Cross chargeability applies to the place of birth of the spouse. If the spouse was born in Nepal then the PD for Nepal can be used for an EB2-NIW petition. Thanks pontevecchio. Is it irrespective whether the spouse has a GC process in parallel or not? Link to comment
pontevecchio Posted January 24, 2014 Report Share Posted January 24, 2014 "However, there is a “cross-chargeability” exception that allows the visa number for a principal applicant to be charged to the country of birth of the accompanying spouse if the visa number for the same category of the spouse’s country of birth is available or will be available more quickly. In addition, alien children may be charged to the foreign country of either parent when accompanying or following to join their parent(s). Please note, however, the children’s place of birth will not offer benefits to their parents with respect to the cross-chargeability rule. -" Yes, it is irrespective. Link to comment
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