I have been researching for a while on cross chargeability when it comes to EB3 green card and was not able to find any conclusive answers either in forums or the USCIS website. You might have already responded to this query by someone else in the past but needed to get a fresh opinion
Situation: My company has applied for my GC under EB3 category and my I 140 got approved recently, PD April 2015. I was born in India and my spouse in Kuwait and lived there for a while until war broke (long before), his parents have been there longer than him. He has his birth certificate and immunization record from Kuwait and his dependency stamped on his mothers passport at an Indian embassy in Kuwait. Based on the so far research I did on google and various forums, I wanted to make use of the cross chargeability (CC) option, hence approached my company itself for the same and provided them with his birth certificate, passport, immunization records etc. The response I got from my company hired attorneys who are one of the largest law firms in US was little confusing and actually not positive. They told me that since my husband does not have a Kuwaiti passport, they cannot use the CC option. I did tell them that Kuwait does not confer citizenship on people who are not original Kuwaitis even if they have lived there for 20 years. They still told me that they cannot do CC and in addition they told me that even if they go ahead and do concurrent filing based on Kuwait priority dates status, it will either end up in rejection or the application been sitting there with out any action for much much longer time than the already 11 years wait time for EB3.
Can you throw some light on the above and let me know of any examples where people have in fact used cross chargeability with regards to Kuwait.
Thanks much for the help