I am an Indian investor and I filed my I-526 application in April 2017. My wife was born in a country with no visa backlogs. When we filed the case, I was the principal applicant because it was easier for me to prove the legal sources of funds. My attorney told us that when our I-526 gets approved, we can use cross-chargeability to avoid the backlog and get green cards. With the new changes in I-526 processing, my case might not be adjudicated in several years. How can we change the principal applicant or use cross-chargeability at this stage?
You could try sending a letter or request to the USCIS handling the I-526 petition with the receipt number of the case captioned and advising them of your wish to be considered under the nationality of your wife, which is not subject to backlogs. There is no set procedure yet as to how else you could notify them at this point.
Best to notify the Immigrant Investor Program Office of the spouse''s country of birth and your intent to cross charge. In that way, your filing will go the faster lane.
Petitions and green card applications are handled completely separately, so until we get further guidance (there is a USCIS stakeholder call coming up,) it seems that while you may be able to take advantage of cross-chargeability after I-526 approval, it may take you longer to get there. Fortunately the Indian retrogression seems to be decreasing.
Send a letter to the address where you got the I-526 receipt with a copy of the receipt, your marriage certificate and proof of cross-chargeability. Highlight with a cover sheet so it is routed properly.
You cannot change the principal applicant and USCIS probably will not recognize your situation on its own. You will have to notify the USCIS Immigrant Investor Program Office, probably by emailing [email protected], to inform them of the cross-chargeability issue and request that your I-526 petition be adjudicated in the "rest of world" category and not according to the immigrant visa availability for Indian-born I-526 petitioners.
While your I-526 is pending, there is no way to switch principal petitioner of the I-526 petition unless your wife makes a new qualified investment and file a new I-526 as principal.
The critical element will be for your attorney to advise that even though you are from a backlogged country, your case should not be held up because of the new system. You should include evidence such as her birth certificate to show you are not subject to the India quota.
Yes, you can use your cross-chargeability option after your I-526 has been approved. The new rule did not change this opportunity and you should take advantage of it.
