| Author | Topic:
Cross chargeability - possible if wife is on F1 or not residing in US? | zak74
Member | 
posted
November 03, 2009 01:35 PM 
 
Hi,
I'm on H1B and my GC is in process. E2 labor approved and I-140 is pending. 7th year extension approved till 2010. I-485 is not current for my country of birth (India).
My girl friend was born in Russia and here on Student visa (F-1).
1. Am I eligible to file I-485 under cross-chargeablity rule after our marriage?
2. Is she also eligible to file I-485, even though she is on student visa F1 (not on H1 and labor has not been applied)?
3. Is it also applicable if the spouse is not residing here in US on any visa and if we get married in our native countries?
Please help and clarify.
Z
Posts:
60 | Registered: June 30, 2008 |
| redgreenbluee
Member |
posted
November 03, 2009 02:36 PM
please consult a lawyer.
yes, you are eligible to use cross-chargeability after marriage using your spouse's country of birth for applying both I-485 even if she is currently on F1.
why not get married on city hall in the US and use the marriage certificate in your I-485 application? you can then later on do a ceremonial marriage in your native countries.
[QUOTE]Originally posted by zak74:
Hi,
I'm on H1B and my GC is in process. E2 labor approved and I-140 is pending. 7th year extension approved till 2010. I-485 is not current for my country of birth (India).
My girl friend was born in Russia and here on Student visa (F-1).
1. Am I eligible to file I-485 under cross-chargeablity rule after our marriage?
2. Is she also eligible to file I-485, even though she is on student visa F1 (not on H1 and labor has not been applied)?
3. Is it also applicable if the spouse is not residing here in US on any visa and if we get married in our native countries?
Please help and clarify.
Z[/QUOTE]
Posts:
857 | Registered: February 27, 2009 |
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