I was born in India, I have an approved I-140 petition with EB-2 category. Currently, waiting for my priority date to become current. My wife was also born in India due to her father's employment. Her mother was born in Africa (holding British citizenship). Her father was born in India. As soon as her father's employment was over in India, entire family moved to United Kingdom.
I am just wondering any of the exceptions applies in my case for visa cross-chargeability as my wife would have born in UK if her father and mother did not have to stay in India for the employment.
You should discuss this with an attorney. Country charge is based on nationality. If your wife is Indian, it won't matter that she grew up in the UK.
To follow your reasoning, if you were born in the US, you wouldn't be asking this question. Your wife's nationality was established at birth, and "what if's" don't count. If you would like a more detailed analysis and expalnation, make an appointment with an experienced immigration attorney near you.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.
Country charge is determined by nationality (where you were born in this case). So, your wife is Indian and it is irrelevant that she spent time in the UK.
Cross chargability goes to country of birth .... not citizenship.
Exceptions exist ... but are rare ... talk to an attorney via Skype.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Although, your wife might obtain british citizenship for some cross changeability purposes, for the green card her country of birth would rule. Unless, they registered her as a British citizen at birth that might be an exception.
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