Can Cross Chargeability be used when spouse is on F1 visa?

My husband's Green Card process under EB2 category has been started.I am on F1 visa.My country of birth is Nigeria and his is India.Can my husband add me on his employment based petition when I am on F1 visa [ Non-Immigrant].?Do I have to be on H4 dependent visa[dual intent] only to be added on the petition?Can he use Cross Chargeability when I am on a non immigrant [F1] visa?

Cicero, IL -

Attorney Answers (4)

Karen-Lee Pollak

Karen-Lee Pollak

Immigration Attorney - Dallas, TX
Answered

he can add you on F1 status

Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

For cross chargeabilty purposes what nonimmigrant category you happen to be at the time does not matter at all.

Your husband can add you on his I-40 petition while you are on F-1 status. It is perfectly OK.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Alena Shautsova

Alena Shautsova

Immigration Attorney - Brooklyn, NY
Answered

Yes.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR
Answered

No, you don't have to be on H-4 to be listed on the forms.

But, you are wise to be concerned about immigrant intent .. .I recommend that you don't travel out of the US until the process is complete.

I'm not sure what type of cross-changeability you're thinking about.

Talk to the company's immigration lawyer, not a non-attorney in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.