Cross Charge-ability - ROW by birth holding Indian Citizenship


sri612

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Hello All,

I know this question might have been asked a lot before but couldn't find the answers as different forums had different answers.

 

I recently got married and never heard about cross charge-ability before until a friend of mine was talking about it. My friend suggested  me to post in this forum to get the best answer.

Here is my case.

 

Spouse was born in the ROW country, neither spouse nor parents were citizens of that country. They had valid work visa when spouse was born but they moved back to India after spending about 10 years in that country. Spouse holds an Indian passport and a birth certificate that was issued in that country. According to cross charge-ability eligibility - it goes by the country of birth of spouse and not current citizenship ?, 

 

Am I eligible to use cross charge ability ?

 

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I filed in 2011 in EB3 category. My wife is a fillipino. We just got the news from our lawyer that we can move further with our 485 because my spouse for EB3 phillipines current date has movef to feb 2012 so based on cross chargeability I am eligible to apply for 485. Hope that helps. Do let me know if you have any questions.

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