Cross Chargeability

USA H1B Visa
1

I am currently an F1 visa holder. I was born in Viet Nam. My boyfriend has an H1B and he got I-140 approved. He was born in India. My question is: if we get married, will we be able to apply for Green Card using Cross Chargeability to charge to my birth country since priority date of India is not current? If this is possible, does any of us have to leave the U.S. to do consular processing? And if so, how long do we have to be absent from the U.S.?

2

Yes…definitely its possible.

3

Thanks Jathin. Do you know if any of us have to leave the country to do that? Or we can stay in the U.S. and process adjustment of status?

4

If you get married, then he can apply for I-485 using your country of birth as basis. This is Adjustment of Status application and doesn’t require you to travel outside of US for adjudication.

5

Thanks a lot for your information Saurabh.