Need Guidance in using Cross Chargeability

[nath.exists]

Hi,
My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

[IfYouSeekAmy]

Is she your fiancee or wife??? In order to use cross chargeability you need to be married to that person.

Originally Posted by nath.exists

Hi,
My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

[fromnaija]

First, cross chargeability is available ONLY if you have a spouse whose country of birth is different than yours. So get married first and then come back and ask the remainder of your questions.

[nath.exists]

I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.
6.)Does she also have to do MS to use cross chargeability and file in EB-2

[shilpianand]

Stop asking dumb questions over and over again janta.nath

[nath.exists]

shilpi,you dint have to respond if you found my questions dumb. Please refrain from judging my post. A couple of the questions might look repetitive but i seriously need help with those issues before filing for cross chargeability.

[meridiani.planum]

inline...

Originally Posted by nath.exists

I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

2.)Would she need to be physically here in USA for filing i 485.

for filing an adjustment of status, which is what you typically want, yes.

3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

no. a GC through marriage is conditional, yours is through employment, so its not.

4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

always possible, its the law, its not upto the discretion of the USCIS

5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia)

6.)Does she also have to do MS to use cross chargeability and file in EB-2

Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date

[nath.exists]

Thanks a lot, you cleared all my doubts. Yes you are right i was confusing my case with the GC based on marriage.Thanks again.