I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?
20 Nov 2024
Posted at 07:00h
in Consulates, Employment Based, Family Based, FAQs, For Families, Immigrant Family, Resident
Answer
Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing. (19.Nov.2024)
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