Cross-chargeability for AOS after marriage

[EB2_CrossCharge_AfterMarr]

I am an Indian born EB-2 applicant with approved I-140. My wife (born in rest-of-the-world queue eligible country) got her green card with EB-2 on Jan 3rd 2019. We got married Feb 18th 2019.
We did not know that for cross-chargeability, we both need to file AOS together. We got married only a few days after she got her green card.
Cross-chargeability has two concepts: accompanying spouse and follow-to-join.
My EB-2 lawyer is telling me that I am not eligible for follow-to-join since we were not married when she got her green card.
Has someone seen a situation like mine before, and if yes, what do you recommend?
We are now trying to check if I can be "accompanying spouse".
From here: https://fam.state.gov/fam/09FAM/09FA....html#M503_2_4

"d. If Spouse or Child Acquired Subsequent to Admission: A spouse or child acquired subsequent to the principal alien's admission to the United States may benefit from derivative chargeability only when ?accompanying? the principal alien."

Is this possible? what's the best way to proceed. One definition of accompanying is that I should get an immigrant visa within 6 months of my wife getting a green card, we are already two months into that 6 month deadline.
Another definition is that she can travel to a US consulate abroad and register in person that she wishes to confer cross-chargeability to me, and the 6 month clock would start from the date of her appearance. If we can go this route, it would be awesome.

[newacct]

I am an Indian born EB-2 applicant with approved I-140. My wife (born in rest-of-the-world queue eligible country) got her green card with EB-2 on Jan 3rd 2019. We got married Feb 18th 2019.
We did not know that for cross-chargeability, we both need to file AOS together. We got married only a few days after she got her green card.
Cross-chargeability has two concepts: accompanying spouse and follow-to-join.
My EB-2 lawyer is telling me that I am not eligible for follow-to-join since we were not married when she got her green card.
Has someone seen a situation like mine before, and if yes, what do you recommend?
We are now trying to check if I can be "accompanying spouse".
From here: https://fam.state.gov/fam/09FAM/09FA....html#M503_2_4

"d. If Spouse or Child Acquired Subsequent to Admission: A spouse or child acquired subsequent to the principal alien's admission to the United States may benefit from derivative chargeability only when ?accompanying? the principal alien."

Is this possible? what's the best way to proceed. One definition of accompanying is that I should get an immigrant visa within 6 months of my wife getting a green card, we are already two months into that 6 month deadline.
Another definition is that she can travel to a US consulate abroad and register in person that she wishes to confer cross-chargeability to me, and the 6 month clock would start from the date of her appearance. If we can go this route, it would be awesome.

The problem is not about chargeability. The problem is that you do not qualify to be your wife's derivative beneficiary since you were not married to her at the time she became a permanent resident. You should have married before she became a permanent resident in order to immigrate as her derivative beneficiary.

For you to immigrate now, you would either have to immigrate through your own employment-based immigrant petition, or your wife would have to petition you with I-130 for family-based immigration to immigrate as the spouse of a permanent resident (which is in the F2A category). There is about a 2-year wait for visa numbers in the F2A category (though in some months you might be able to file AOS a little sooner than 2 year according to this chart), and the country of chargeability doesn't matter since the wait in F2A is basically the same for all countries. You can be the beneficiary of multiple petitions at the same time, so it doesn't hurt to have her petition you anyway and see which one is available sooner.

[EB2_CrossCharge_AfterMarr]

The problem is not about chargeability. The problem is that you do not qualify to be your wife's derivative beneficiary since you were not married to her at the time she became a permanent resident. You should have married before she became a permanent resident in order to immigrate as her derivative beneficiary.

For you to immigrate now, you would either have to immigrate through your own employment-based immigrant petition, or your wife would have to petition you with I-130 for family-based immigration to immigrate as the spouse of a permanent resident (which is in the F2A category). There is about a 2-year wait for visa numbers in the F2A category (though in some months you might be able to file AOS a little sooner than 2 year according to this chart), and the country of chargeability doesn't matter since the wait in F2A is basically the same for all countries. You can be the beneficiary of multiple petitions at the same time, so it doesn't hurt to have her petition you anyway and see which one is available sooner.

Are you sure about derivative beneficiary?
The language I pointed to talks about after-acquired spouse or subsequently acquired spouse. What is that talking about then?

[newacct]

Are you sure about derivative beneficiary?
The language I pointed to talks about after-acquired spouse or subsequently acquired spouse. What is that talking about then?

I am not really sure, but maybe it's possible they're talking about conferring cross-chargeability onto an "accompanying" spouse who is immigrating on a separate petition?

[EB2_CrossCharge_AfterMarr]

I am not really sure, but maybe it's possible they're talking about conferring cross-chargeability onto an "accompanying" spouse who is immigrating on a separate petition?

Well, in that case, I am indeed immigrating on a separate petition (my employment based EB-2)?
An explanation I got elsewhere was that the USCIS does recognize that "married before green card" is too limiting, so they allow a grace period and six months happens to be an arbitrary cut-off time. I have no idea how credible this explanation and it has been futile to search for precdents, there aren't that many legal precedents with cross-charging

[newacct]

Well, in that case, I am indeed immigrating on a separate petition (my employment based EB-2)?
An explanation I got elsewhere was that the USCIS does recognize that "married before green card" is too limiting, so they allow a grace period and six months happens to be an arbitrary cut-off time. I have no idea how credible this explanation and it has been futile to search for precdents, there aren't that many legal precedents with cross-charging

Okay then I think that you should be able to use cross-chargeability if you are immigrating on your own petition instead of as a derivative beneficiary on your wife's petition. Like you said, it's in the Foreign Affairs Manual, so it should be doable if you do Consular Processing abroad. The USCIS Policy Manual section on cross-chargeability doesn't specifically mention this case, so I am not sure if you can do it for AOS, though I think you should be able to since the laws are the same.

[Enub4]

This is interesting. What you need to do? File I-485, list your wife and attach a letter saying that you are opting for cross-chargeability and put on 'Country Chargeable' wife's country of birth?