More details to this question:
I am the principal applicant in my employment based immigrant visa petition. Since the priority date of my country of birth is not current, I was wondering if I and my wife could be charged to her parents' country of birth since her parents were visiting only temporarily at the moment. Assuming that I can have enough evidence that my wife is chargeable to her parents' country of birth, can I use that country of chargeability? Note that I am the principal applicant and she is the derivative.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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If you wife’s parents were only visiting temporarily in her country of birth and you are able to establish that fact, your wife could be charged to her parents’ country of birth. The fact that you are the principal applicant and she is the derivative is acceptable for purposes of cross chargeability. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 27th, 2015 at 2:53 PM