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I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

09 Mar 2023
Posted at 08:10h in Family Based, FAQs, For Families, For Individuals, Immigrant Family, Resident by

Answer

Yes, in most situations, it is possible to be charged against a spouse’s country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person’s ability to use cross-chargeability.  (09.Mar.2023)

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