Cross chargeability

[federernadal]

Hello,

Would appreciate some help here.

I have an EB2 I140 approved. I am Indian national. I am getting married next year to a citizen of a country which has current priority date. Will I be able to cross charge (she has never been to the US and doesnt even have a visa currently).

Do you have to be married to citizen ***before*** applying through EB2 Green card cross chargeability?

Anything else I should know about this whole process?

Thanks!

[newacct]

You need to be married before you can use cross-chargeability.

For you (the principal beneficiary) to use your spouse (the derivative beneficiary)'s chargeability, both of you must be doing AOS in the US at the same time, or both of you must be doing Consular Processing abroad and both of you must enter using your immigrant visas at the same time.

[federernadal]

You need to be married before you can use cross-chargeability.

For you (the principal beneficiary) to use your spouse (the derivative beneficiary)'s chargeability, both of you must be doing AOS in the US at the same time, or both of you must be doing Consular Processing abroad and both of you must enter using your immigrant visas at the same time.

So I already have I140 approved. I get married next year, bring her over on h4 (I have h1). Then can we immediately apply for change of status? She has no US job, or even any visa currently.

Since my gc was filed last year (before marriage) she obviously was not listed anywhere on the app. Now she will be. How easy to make all these transitions and will I be able to use cross chargeability?

[newacct]

So I already have I140 approved. I get married next year, bring her over on h4 (I have h1). Then can we immediately apply for change of status? She has no US job, or even any visa currently.

Since my gc was filed last year (before marriage) she obviously was not listed anywhere on the app. Now she will be. How easy to make all these transitions and will I be able to use cross chargeability?

Yes. Both of you would file I-485 once she gets here.

[federernadal]

Yes. Both of you would file I-485 once she gets here.

Someone was saying she also needs to find a job and green card sponsor first before she can use i485? She will be on h4 here right? Are h4 allowed to apply for i485?

Will I have to restart my gc application since I'm now married?

[inadmissible]

Anyone who enters with inspection and has an "immigrant visa number" available to them can apply for adjustment of status

You're the beneficiary of an immigrant worker petition in connection with a permanent job offer. As your spouse, she is a derivative beneficiary

You're right, she needs to be in the US, with some status, in order to apply for adjustment of status. Since you have an H-1B visa, she is eligible to apply for a H-4 visa (again as your derivative because she's your spouse) and travel to the United States. No, she does not need her own temporary or permanent job offer

[federernadal]

Anyone who enters with inspection and has an "immigrant visa number" available to them can apply for adjustment of status

You're the beneficiary of an immigrant worker petition in connection with a permanent job offer. As your spouse, she is a derivative beneficiary

You're right, she needs to be in the US, with some status, in order to apply for adjustment of status. Since you have an H-1B visa, she is eligible to apply for a H-4 visa (again as your derivative because she's your spouse) and travel to the United States. No, she does not need her own temporary or permanent job offer

How does she become a derivative beneficiary when she is not anywhere in my petition (I met her after my GC petition was filed). What is the process of having her as my derivative? Will I have to restart my GC petition?

Thanks for the help!

[newacct]

How does she become a derivative beneficiary when she is not anywhere in my petition (I met her after my GC petition was filed). What is the process of having her as my derivative? Will I have to restart my GC petition?

Thanks for the help!

As long as you marry her before you become a permanent resident, she can immigrate as your derivative beneficiary. (Or similarly if you have a child before you become a permanent resident, they can immigrate as your derivative beneficiary.) Your derivative beneficiaries are based on your actual spouse and under-21 unmarried children at the time you become a permanent resident, which may be different than the spouse and/or children you had when your petition was filed.

[federernadal]

As long as you marry her before you become a permanent resident, she can immigrate as your derivative beneficiary. (Or similarly if you have a child before you become a permanent resident, they can immigrate as your derivative beneficiary.) Your derivative beneficiaries are based on your actual spouse and under-21 unmarried children at the time you become a permanent resident, which may be different than the spouse and/or children you had when your petition was filed.

Ok, so even if she is nowhere on my petition (PERM, LCA, etc), it is fine? No need to restart this huge process?

She will just appear on my I485 all of a sudden and USCIS will let me use her country's priority date (current)?

Or is there some special form I should use to add her "as my derivative" to my PERM petition?

Thanks, I appreciate it!

[newacct]

Ok, so even if she is nowhere on my petition (PERM, LCA, etc), it is fine? No need to restart this huge process?

She will just appear on my I485 all of a sudden and USCIS will let me use her country's priority date (current)?

Or is there some special form I should use to add her "as my derivative" to my PERM petition?

Thanks, I appreciate it!

Yes. She was not your spouse at the time those things were filed so she couldn't have been listed as your current spouse.

Obviously you will need to attach a copy of your marriage certificate, and they might also ask for evidence of bona fide marriage.

[scientist2016]

How does she become a derivative beneficiary when she is not anywhere in my petition (I met her after my GC petition was filed). What is the process of having her as my derivative? Will I have to restart my GC petition?

Thanks for the help!

Addition of a derivative beneficiary occurs only at the I485 stage. Your marital status, derivative beneficiary information is of no relevance as far as the I140 process is concerned. I140 is merely a petition for employee, and hence only the direct beneficiary (employee) info. is needed there. So, as multiple posters have commented: Get your spouse to the US on H4, and file I485 immediately. Nothing else (like her employment, etc.) is needed.

[inadmissible]

How does she become a derivative beneficiary when she is not anywhere in my petition (I met her after my GC petition was filed)

She became a derivative beneficiary by virtue of being your spouse

[federernadal]

Addition of a derivative beneficiary occurs only at the I485 stage. Your marital status, derivative beneficiary information is of no relevance as far as the I140 process is concerned. I140 is merely a petition for employee, and hence only the direct beneficiary (employee) info. is needed there. So, as multiple posters have commented: Get your spouse to the US on H4, and file I485 immediately. Nothing else (like her employment, etc.) is needed.

By the way, since we would only have been married for barely a month when she comes to America and we file joint i485, how would we prove it is a legitimate marriage? Or should I wait for some time before filing i485 (time to make joint account, gym membership etc)?

Also, will the gc we get be conditional?

[inadmissible]

By the way, since we would only have been married for barely a month when she comes to America and we file joint i485, how would we prove it is a legitimate marriage? Or should I wait for some time before filing i485 (time to make joint account, gym membership etc)?

Also, will the gc we get be conditional?

You will only have your interview a year later. Don't worry about it. And no, conditional permanent residency doesn't apply to derivatives INA216(h)(1)(B)

[federernadal]

You will only have your interview a year later. Don't worry about it. And no, conditional permanent residency doesn't apply to derivatives INA216(h)(1)(B)

The I485 process takes a whole year? I thought for Nebraska Service Center, it would take about 3-5 months (my spouse priority date is Current)? So lets say she comes in on July 2018 and we apply for I485 the very next day (is that legal or should I wait 60 days to apply I485), by when do you think I will get my GC in the mail?