Can a primary H1B applicant, whose permanent residence is in progress, apply for his dependent spouse’s green card, even while she is outside of the U.S. and doesn’t have a dependent visa? We will be filing using cross chargeability.


In order to utilize cross chargeability, the couple has to be processing together. It may still be possible – either by processing both cases through the consulate for an immigrant visa, OR by having the spouse come as an H-4 and doing adjustment-of-status cases. It would be good to schedule a consultation with us on this topic to try to take advantage of cross chargeability. (05.May.2014)

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