1. One can file I-485 only when the priority date is current* for the applicantยฟs country of birth for the employment category being used?
2. One can concurrently file I-140 and I-485 only if the priority date is current* for the applicantยฟs country of birth for the employment category being used?
3. One can use the spouseยฟs country of birth (not the country of citizenship) under the provision of cross-chargeability to concurrently file I-140 and I-485, for the applicant and the spouse** ?
4. One can file I-485, for the applicant and the spouse, under the provision of cross-chargeability, even after I-140 has been filed and has been approved / is still pending?
*current OR earlier than the cut-off date
** spouse residing in the United States at the time of filing
Thank you.
Usually you can request cross-chargeability in this case to the wife's nationality but you would have to go over this situation with an immigration attorney to check your specific eligibility. You may only file concurrently the I-485 if the priority date is current for you (or if using cross-chargeability) for your wife's nationality.
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