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How can investors use interchargeability at the I-526 stage?

We filed an I-526 application in April 2017. My husband, the principal applicant, was born in India, and I was born in a country with no visa backlogs. Our application is still pending. I am almost certain that the country of origin matters even at the I-526 stage. Is it possible to change the country of chargeability at this stage?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You just need to clearly note the cross-chargeability when I-526 is approved and you are filing for the adjustment of status or immigrant visa processing. Nothing to do at the I-526 stage, however.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no need to change the country of chargeability. Spouses can choose the best option at any time. As soon as the petition is approved, you can file to adjust or notify the government the petition is current.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You are listed on the I-526, and many times applicants will note the cross-chargeability on their I-526 petition or I-485 applications, but the officers should keep an eye out for that too.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    The country of chargeability is relevant at the I-485 or consular stage once the I-526 is approved. The I-526 is adjudicated uniformly regardless of the country of birth of the applicant.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    It does not matter at the I-526 stage. And principal applicant cannot be changed. Once your case is at the national visa center, you can charge to your country of birth.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as you were listed as the spouse on the I-526 with your country of birth, then USCIS and/or DOS will know of your country of birth and eligibility for cross-chargeability. You can also assert this after the I-526 approval. Check your copy of the I-526 and if this was missing interfile the information and request for cross-chargeability.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Although investors can use interchargeability particularly when filing I-526 but, it must be taken care of when filing I-526. Otherwise, the petition may have to be withdrawn and refiled. This may not be feasible in your case with changes in the investment amounts.

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