Want to apply 4 greencard after marriage

[northedman]

Hello, I am an Indian working in US for 2 years, I am on H1B visa now. before that I did my Masters in US. I did not applied for Green card yet. Actually I am going to marry a Russian girl in 6 months time. I want to know if I can apply for Green card under her name after our marriage. (can I do that?) Because I heard that getting Green cards for Indians takes lot of time. If I apply for Green card after she comes to US, then do we both get green card soon? I am not familiar with the green card rules yet. Any advice will be appreciated. Thanks a lot.

[EB3IFiasco]

I am guessing you are planning to get married in Russia and applying for her H4 visa in Russia since she is currently not in the US. If she were to be in the US as a non-immigrant you would have applied for a change of status to H4 in the US.

As for the "green card" filing - you are correct - it takes more time for Adjustment of Status (last step in the process) if your country of birth is India. However, labor certification and I-140 (Step 1 and 2 respectively) has no bearing on the country of birth. When you get to the last step you can "interfile" and claim chargeability to Russia instead of India.

[go_guy123]

Originally Posted by northedman

Hello, I am an Indian working in US for 2 years, I am on H1B visa now. before that I did my Masters in US. I did not applied for Green card yet. Actually I am going to marry a Russian girl in 6 months time. I want to know if I can apply for Green card under her name after our marriage. (can I do that?) Because I heard that getting Green cards for Indians takes lot of time. If I apply for Green card after she comes to US, then do we both get green card soon? I am not familiar with the green card rules yet. Any advice will be appreciated. Thanks a lot.

However after your marriage you can use cross chargability provision and you can get the
quota of Russia (instead of India). So you will fall into the ROW.
However you need to inform USCIS that you are using cross chargability of your spouse

[gc_wow]

Is she living in US or she is in Russia Now?

[northedman]

Originally Posted by EB3IFiasco

I am guessing you are planning to get married in Russia and applying for her H4 visa in Russia since she is currently not in the US. If she were to be in the US as a non-immigrant you would have applied for a change of status to H4 in the US.

As for the "green card" filing - you are correct - it takes more time for Adjustment of Status (last step in the process) if your country of birth is India. However, labor certification and I-140 (Step 1 and 2 respectively) has no bearing on the country of birth. When you get to the last step you can "interfile" and claim chargeability to Russia instead of India.

Yes we are planning to get married in Russia & India, Important thing is we need to get that International Marriage Registration from Moscow. Yes she is in Russia now, so I have to apply for H4 from Russia only I guess. I can apply for Green card soon and during last stage I use cross chargability provision! I will keep that term in mind.. thanks.

[dhesha]

Originally Posted by northedman

Hello, I am an Indian working in US for 2 years, I am on H1B visa now. before that I did my Masters in US. I did not applied for Green card yet. Actually I am going to marry a Russian girl in 6 months time. I want to know if I can apply for Green card under her name after our marriage. (can I do that?) Because I heard that getting Green cards for Indians takes lot of time. If I apply for Green card after she comes to US, then do we both get green card soon? I am not familiar with the green card rules yet. Any advice will be appreciated. Thanks a lot.

If u r serious to get the GC, don't even imagine to apply urself as Indian...u will almost never going to get it unless u r ok to wait for 10-15 years. Its no brainer to understand that if u apply through ur wife, u will not only get the GC but will get sooner.

[snathan]

You can start your process now. Once you are married, you can use your wife's country as chargeability and expedite the process. Don’t waste any time.

[rorypirrie]

What exactly is the process of cross chargeability?

[boston_guy147]

I did not know about cross chargeability! It might work very well in my case..

I am from India and I have my i-140 approved and waiting for my PD(Oct07) to become current to file for my I-485 under EB2.

My girlfriend who is from Portugal, is on a F1 visa.

So if we were to get married - I can change my 'chargeability' to Portugal instead?

Isnt the chargeability solely dependant on the nationality of the primary applicant?

[desi3933]

Originally Posted by boston_guy147

I did not know about cross chargeability! It might work very well in my case..

I am from India and I have my i-140 approved and waiting for my PD(Oct07) to become current to file for my I-485 under EB2.

My girlfriend who is from Portugal, is on a F1 visa.

So if we were to get married - I can change my 'chargeability' to Portugal instead?

Isnt the chargeability solely dependant on the nationality of the primary applicant?

22 CFR § 42.12 Rules of chargeability

(c) Exception for spouse. If necessary to prevent the separation of husband and wife, an immigrant spouse, including a spouse born in a dependent area, may be charged to a foreign state to which a spouse is chargeable if accompanying or following to join the spouse, in accordance with INA 202(b)(2).

Document Link

[validIV]

Heres someone on the forums that did it:

http://immigrationvoice.org/forum/sh...ad.php?t=18430 (Yes Cross Chargeability Does Work!!!!!!!!!!!!!!!!)

[desi3933]

Interesting Observation

22 CFR § 42.12 Rules of chargeability

(d) Exception for alien born in the United States. An immigrant who was born in the United States shall be charged to the foreign state of which the immigrant is a citizen or subject. If not a citizen or subject of any country, the alien shall be charged to the foreign state of last residence as determined by the consular officer, in accordance with INA 202(b)(3).


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[boston_guy147]

So even though I was unmarried when my labor and I-140 were filed and approved, if I get married now, I can still add my wife's name to my I-485 and avail cross chargeability?

This sounds perfect as I was planning to get married anyways!

[rorypirrie]

Thanks.

[desi3933]

Originally Posted by boston_guy147

So even though I was unmarried when my labor and I-140 were filed and approved, if I get married now, I can still add my wife's name to my I-485 and avail cross chargeability?

This sounds perfect as I was planning to get married anyways!

>> if I get married now, I can still add my wife's name to my I-485 and avail cross chargeability?

Yes.


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