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When can cross-chargeability be applied on my I-526?

USCIS has received my I-526 filed by my attorney in 2016 and it is currently pending. I was born in Mainland China and have a girlfriend who was not born in these four states: Mainland China, Mexico, India or Philippines. I would like to know when cross-chargeability should or can be applied, if we decide to get married. Should it be before USCIS receives my I-526, after USCIS approves my I-526 or any time before my attorney files the I-485?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Cross-chargeability is still available under your set of facts. If you were to marry before you file your I-485, you can certainly include your spouse in the application.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    It would be applied at the I-485 stage. Since you stand as the EB-5 immigrant investor, you would not be able to apply the cross-chargeability at the I-526 stage to avoid the China backlog.

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    Charles Foster

    Immigration Attorney
    Answered on

    By virtue of having entered into a bona fide genuine marriage for normal marital purposes with a foreign national for which there is no backlog under the quota for EB-5 purposes, cross-chargeability could be applied at any time prior to your application for your immigration visa. You do not necessarily have to be married at the time you file your EB-5 Investor Petition on Form I-526 or same is approved. However, it is essential that you be married before your attorney files your Application for Adjustment of Status. Otherwise, you would not be eligible to do so.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can cross charge at any time up to the approval of your adjustment or consular processing application. Before or after the filing of the I-526, it makes no difference. Presently, only mainland China is backlogged so a marriage in good faith to a citizen of any of the other country will result in no waiting line based on current cutoff dates.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I usually send it in with the I-485 (after you are married) and include an orange cover sheet that reads: DO NOT REJECT IN THE MAIL ROOM. The Priority Date is current because I am eligible for cross-chargeability under Section _____ as my wife was born in _____.

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    Ying Lu

    Immigration Attorney
    Answered on

    You can get married to your girlfriend before your attorney submits your I-485.

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