Cross chargeability???

Posted by brandy.myers89 4 years ago

#1

Is anyone here have successfully use this rule and get their green card??? Can you share??? I just heard about this rule and would like to know more. Thanks.

Posted by Byron 4 years ago

#2

to brandy.myers89:

If your spouse was born in a country other than China or India, you can enjoy the so called cross chargeability, meaning that you can use your spouse's priority date. The rule is that you and your spouse should file I-485s together.

Posted by tom.vargas177 4 years ago

#3

to brandy.myers89:

Based on some research I had done, here's what I understood about cross-chargeability:
For people born in India and China, priority dates (PD) is not current under EB-2 categories. This means that even if you have an approved I-140 petition under EB-2, you will need to wait until your PD is current before you can file an I-485 to adjust status in order to become a permanent resident.
However, if you have a spouse who was born in any other country (apart from India or China); a country for which the priority date is current, you may be charged to the numerical limitation for your spouse’s country of birth. This is what cross-chargeability refers to.