Using Spouse's Country of Chargeability

[AC_1980]

I have more of a general question for the gurus here, for my own understanding of the applicable rules and regs:
Consider a scenario where an Indian national (or Chinese) marries a person who is a citizen of a country that is not backlogged (lets assume Norway). If they now decide to file for GC (Indian-primary, Norwegian-dependent) in either EB2 or EB3 category, would they be served by each country of origin? also consider the reverse scenario, Norwegian-primary, Indian-dependent?

If they are served by county of citizenship, in the event when the Indian national is primary, it may so happen that the dependent (Norwegian) gets the green card years before (in a few months) the Indian spouse. In the event the Norwegian national is primary, the Indian spouse will have to wait for many years before getting greened.

Is that how it works?

[qesehmk]

Any spouse can choose to file under any country of chargeability. So both spouses will always get the best chargeability no matter what.


I have more of a general question for the gurus here, for my own understanding of the applicable rules and regs:
Consider a scenario where an Indian national (or Chinese) marries a person who is a citizen of a country that is not backlogged (lets assume Norway). If they now decide to file for GC (Indian-primary, Norwegian-dependent) in either EB2 or EB3 category, would they be served by each country of origin? also consider the reverse scenario, Norwegian-primary, Indian-dependent?

If they are served by county of citizenship, in the event when the Indian national is primary, it may so happen that the dependent (Norwegian) gets the green card years before (in a few months) the Indian spouse. In the event the Norwegian national is primary, the Indian spouse will have to wait for many years before getting greened.

Is that how it works?

[Spectator]

I have more of a general question for the gurus here, for my own understanding of the applicable rules and regs:
Consider a scenario where an Indian national (or Chinese) marries a person who is a citizen of a country that is not backlogged (lets assume Norway). If they now decide to file for GC (Indian-primary, Norwegian-dependent) in either EB2 or EB3 category, would they be served by each country of origin? also consider the reverse scenario, Norwegian-primary, Indian-dependent?

If they are served by county of citizenship, in the event when the Indian national is primary, it may so happen that the dependent (Norwegian) gets the green card years before (in a few months) the Indian spouse. In the event the Norwegian national is primary, the Indian spouse will have to wait for many years before getting greened.

Is that how it works?AC_1980,

As Q said, where the two spouses have different Countries of Chargeability, the other one can choose the most advantageous one. The law is in place to avoid separation of spouses for the reasons you described.

It is important to note that Country of Chargeability is almost always based on the Country of Birth, not Country of Citizenship.

For example, in your example, if the Citizen of Norway was Indian born, their Country of Chargeability would be India.

[qesehmk]

Country of Chargeability is almost always based on the Country of Birth, not Country of Citizenship.

That's a great point to consider. And for this reason - there are many Indians who are Indian citizens but their country of chargeability becomes Dubai, UK, Guyana, S Africa and what not depending on where they were born.

[AC_1980]

Q, thank you for the clarification!

My original post probably deviates from the central theme of this thread, please move it as appropriate. thank you.