I am an Indian Citizen on H1B Visa -I am living & working in USA
My Fiancee is a Pakistani citizen on ASYLUM -She is also living in USA
My US Employer wants to proceed on filing my Green Card (not filed at all so far )in EB2 Category.
Generally from Indian it takes quite long to get a Green Card in EB2 Category.( >8 years )
Assuming that I marry her, Can my EB2 case be cross chargeable to Pakistan?
1. I depends on place of birth, not citizenship. 2. You can only use your spouse's country of birth if your spouse is filing at the same time as you are filing. Assuming your spouse cannot file for adjustment of status, you will both need to consular process.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Yes, you can cross charge assuming you both entered the entered the US legally and can adjust status.
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