Legal Question in Immigration Law in District of Columbia
Hi,
I have an approved I-140 under EB-2(India) category but my date is not current. I am about to marry my girlfriend who is born in Russia and was wondering if I can apply for cross-chargeability after our marriage ? The only issue is she overstayed and is currently illegal.
1 Answer from Attorneys
Unless your case (labor cert, I-140 or other, previous immigration petition/application) was filed prior to April 30, 2001, your prospective wife will not be able to adjust status as your spouse, due to her overstay.
You can use her country of nationality for cross-chargeability once you are married, which would hopefully make you "current", but this would still not allow her to adjust status, unless you have 245i protection (by having a case filed before April 30, 2001).
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