question regarding charge-ability country ?

[aab.tx]

My wife is from Morocco and she got her GC through DV in 2012 and am from India here on H1B and we got married last month. i had applied for AOS and my question is what will be country of chargeability for GC is it wifes(petitioners country) or mine(beneficiaries country)?

[inadmissible]

If she is a citizen, your country of chargeability is irrelevant because an immigrant visa is available to you immediately

If she isn't a citizen, you aren't eligible for adjustment of status until an immigrant visa is available to you, and your recent application will be denied. In that case, she should consider naturalizing

[newacct]

In order to use cross-chargeability, both people must be immigrating, and one of you must be the derivative beneficiary of the other. That is not your case. You are not immigrating as your wife's derivative beneficiary (because you married after she became a permanent resident, and because it's after the year of her DV so a visa is no longer available). You are immigrating by yourself some other way (either your wife is petitioning you as a spouse or you are doing employment-based immigration or something), so you cannot use cross-chargeability. Your country of chargeability is your country of birth.

[aab.tx]

In order to use cross-chargeability, both people must be immigrating, and one of you must be the derivative beneficiary of the other. That is not your case. You are not immigrating as your wife's derivative beneficiary (because you married after she became a permanent resident, and because it's after the year of her DV so a visa is no longer available). You are immigrating by yourself some other way (either your wife is petitioning you as a spouse or you are doing employment-based immigration or something), so you cannot use cross-chargeability. Your country of chargeability is your country of birth.

my wife has filed i-130 along with it i filed i-485 concurrently.

[aab.tx]

If she is a citizen, your country of chargeability is irrelevant because an immigrant visa is available to you immediately

If she isn't a citizen, you aren't eligible for adjustment of status until an immigrant visa is available to you, and your recent application will be denied. In that case, she should consider naturalizing

y my application will be denied?

https://www.uscis.gov/greencard/eligibility-categories

as per above link am eligible to apply for AOS based on below condition:

Family member of a lawful permanent resident, meaning you are the:
Spouse of a lawful permanent resident.

we has concurrent filed 130 and 485 along with other needed applications/documents.

[inadmissible]

One requirement of adjustment of status is that an immigrant visa be available to you. Your wife's Alien Relative Petition is not current, that is to say an immigrant visa is not immediately available to you

You can file for adjustment of status once your priority date is current for your preference category

[S_R_E]

y my application will be denied?

https://www.uscis.gov/greencard/eligibility-categories

as per above link am eligible to apply for AOS based on below condition:

Family member of a lawful permanent resident, meaning you are the:
Spouse of a lawful permanent resident.

we has concurrent filed 130 and 485 along with other needed applications/documents.

Is your wife a US citizen?

You can only file and I-130 & I-485 concurrently IF a visa is immediately available to you.

https://www.uscis.gov/greencard/concurrent-filing-form-i-485

Who can file concurrently?

Concurrent filing is allowed in the following instances:

Immediate relatives of U.S. citizens living in the United States

Most employment based applicants and their eligible family members when a visa number is immediately available

Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.

Self petitioning battered spouse or child if

The abusive spouse or parent is a U.S. citizen, or

If an immigrant visa number is immediately available

Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family
member

[aab.tx]

One requirement of adjustment of status is that an immigrant visa be available to you. Your wife's Alien Relative Petition is not current, that is to say an immigrant visa is not immediately available to you

You can file for adjustment of status once your priority date is current for your preference category

i just followed below :

https://www.uscis.gov/greencard/visa-availability-priority-dates

Priority Dates for Family-Sponsored Preference Cases

For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.

still my application denied?

[inadmissible]

Your priority date is not current, therefore your application to adjust status will be denied. See the most recent Visa Bulletin to get an idea of when your priority date will become current

It's no big deal if your application to adjust status is denied, since you are in lawful H status and will remain so until you are eventually able to adjust

If you are impatient about it, or nervous that you may lose status, then implore your wife to apply for naturalization.

[aab.tx]

Your priority date is not current, therefore your application to adjust status will be denied. See the most recent Visa Bulletin to get an idea of when your priority date will become current

It's no big deal if your application to adjust status is denied, since you are in lawful H status and will remain so until you are eventually able to adjust

If you are impatient about it, or nervous that you may lose status, then implore your wife to apply for naturalization.

As per June & July bulletin DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS under F2A for india is 08APR16 so what should i understand by this.

[inadmissible]

Your priority date is subsequent to the current date

Therefore an immigrant visa is not yet available to you

Therefore your application for adjustment of status will be properly denied

[S_R_E]

As per June & July bulletin DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS under F2A for india is 08APR16 so what should i understand by this.

Your PRIORITY DATE is related to the date of YOUR I-130

If you are the spouse of a US Citizen - your priority date is the date the I-130 was received by USCIS.

If you are in a category that the I-130 needs to be approved first‚ then the priority date would be the date YOUR I-130 was filed.

[newacct]

my wife has filed i-130 along with it i filed i-485 concurrently.

Yes, again, that means she is petitioning you separately with you being the principal beneficiary. You have nothing to do with her immigration case. Neither of you are derivative beneficiaries of the other. Cross-chargeability does not apply.

- - - Updated - - -

If you are in a category that the I-130 needs to be approved first‚ then the priority date would be the date YOUR I-130 was approved.

No. The priority date is the date the I-130 was filed.