Mixed National Couples: Which Country Controls the Priority date
FAQ: Can I get my Green Card Faster?
You have an approved I-140 application in either the EB2 or EB3 category. You are aware that the Priority date for immigrants from India in the EB3 category is a wait of over 10 years, and the EB2 category is over 5. You have become aware of an option called Cross Chargeability, which allows married applicants with a spouse from a different country of birth to use the country of birth of their spouse to apply for a green card, without having to wait in line for the India Priority date to become current.
1. I was born in India, and my spouse was also born in India. Can I get a green card using my spouse’s country of birth?
No, as your spouse’s country of birth is the same as yours, this does not apply to you.
2. Both I and my spouse are Indian nationals, but my spouse was born in the United Arab Emirates. Can I get a green card using my spouse’s country of birth?
Yes, as the country of birth is what controls which country you and your spouse fall under for your visa and Priority date, you would be able to use your spouse’s country of birth to get a green card.
3. I have an approved I-140 in the EB3 category. I am from India, and my spouse is from Pakistan. Can I get a green card using my spouse’s country of birth?
Yes, as your spouse is from Pakistan, you could use your spouse’s country of birth to get your green card. If your Priority date is on or before the “All Chargeability Areas Except those Listed” Priority date on the Visa Bulletin, you should be able to adjust your status immediately. If your priority date falls after that, you will need to wait for the Priority date to become current.
4. I have an approved I-140 in the EB2 category. I am from India, and my husband is from Nepal. Can I get a green card using my husband’s country of birth?
Yes, as your husband is from Nepal, you could get a green card immediately. It does not matter what your priority date is.
A married man or women from India or China, with an approved I-140 in the EB2 category, with any priority date, and a spouse from any country other than India or China, can use the spouse’s country of birth to get a green card immediately, as the priority date is current in all other countries of birth.
5. I have an approved I-140 in the EB2 category. I am from India, and my wife is from China. Can I get a green card based on my wife’s country of birth?
If you priority date is on or before the China Priority date listed in the Visa Bulletin, then yes, you can get a green card.
A married man or woman from India with an approved I-140 in the EB2 category with a priority date on or before the China Priority date, with a spouse whose country of birth is China, could use the spouse’s country of birth to apply for a green card immediately, as the priority date would be current.
(All dates subject to change based on the current Visa Bulletin).
Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.