Cross Chargeability Question

[rahulthom]

Can I use my wife’s country of birth (RoW) as the country of chargeability by invoking the rules of cross Chargeability?

Just want to be sure cross chargeability applies here.

[Enub4]

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6

After reading 7. I think that you can use cross chargeability.

[newacct]

Hi,

I’m an Indian born, Canadian Citizen.
My wife is born and brought up in Qatar, lives there for 18 years and is now a Canadian PR.

My company is planning to transfer may transfer me from Canada on a L1B. Since my country of birth is India, the GC process will take long with an EB2.

Can I use my wife’s country of birth (Qatar) as the country of chargeability by invoking the rules of cross-chargeability? Qatar is part of the ROW priority dates which is current.

Just want to be sure cross chargeability applies here.

Thanks

Yes, but only if both of you are immigrating at the same time (both are doing Adjustment of Status, or both doing Consular Processing and enter the US at the same time).

[rahulthom]

Thanks everyone for the information here. My wife and I will both enter the US at the same time and do AOS at the same time as well so it looks like cross chargeability will work.

A couple more questions:
1. For country of birth proof - is a birth certificate sufficient?
2. Are most immigration lawyers aware of cross chargeability and willing to use it for their clients? The reason I ask is because my company has its own lawyers for the immigration process and I’m wondering if I should mention that I’d like to use cross charge earlier in the process or should I just wait until the AOS time as most lawyers should know about this?

[Enub4]

1. a valid birth certificate that reports the country that the person was born is sufficient.
2. I don't know if most immigration lawyers are aware, but they should. I think you should comment on that as soon as the process starts.

[rahulthom]

One more question here if you don’t mind. What does it mean to adjust status at the same time for my wife and I?

if she is on a L2 and I am on a L1, I’m guessing we can both adjust status at the same time? Is that correct?

thank you

[newacct]

One more question here if you don’t mind. What does it mean to adjust status at the same time for my wife and I?

if she is on a L2 and I am on a L1, I’m guessing we can both adjust status at the same time? Is that correct?

thank you

yes