先再次謝謝你昨天的答疑解惑。我晚上又作了些關於"cross-chargeability"的功課,發現了以下這一段:
There is an important quirk in the cross-chargeability rule that can affect couples that do not apply for permanent residence (either adjustment of status or an immigrant visa) at the same time. If the principal applicant has the more favorable chargeability, his or her case can be filed and approved first, and the spouse with the less favorable chargeability can apply at any later point as a "following-to-join" derivative and still benefit from the principal's more favorable chargeability. However, if the principal has the less favorable chargeability, then the principal and spouse's cases must be adjudicated together; the derivative spouse with the more favorable chargeability cannot follow to join at a later time, as the principal needs the benefit of the derivative spouse's more favorable chargeability to be eligible for permanent resident status. In the context of adjustment of status in the United States, this means that the adjustment applications would have to be approved simultaneously. For cases where the spouses' adjustment applications are not filed simultaneously, the USCIS Service Centers are usually reluctant to adjudicate the applications together.
網上也有些其他律師稱主申請人(with less favorable chargeability)和其spouse (with more favorable chargeability)必須同時申請485, 否則"cross-chargeability"
就不適用。
這讓我很擔心,因為我的spouse(with more favorable chargeability)沒有和我一起遞485。當然,我們在我(主申請人)遞485之前就已經結婚了。
Giant_Hippo, 想聽聽你的看法。謝謝。其他大蝦們有懂這個東東的,也請不吝賜教。多謝!!
Giant_Hippo, 你還在麽?再請問有關"cross-chargeability"
所有跟帖:
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你先生現在遞I-485 不算 Follow-to-Join,算 Concurrent Filing
-giant_hippo-
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12/06/2007 postreply
13:50:42
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following-to-join vs concurrent filing
-fengjing2000-
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12/06/2007 postreply
13:59:59
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Your understanding is mostly right.
-giant_hippo-
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12/06/2007 postreply
14:11:03
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Thank you soooo much. Your explanation is sooo clear
-fengjing2000-
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12/06/2007 postreply
14:18:25
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回複:Your understanding is mostly right.
-sdfsdfsdff-
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12/06/2007 postreply
15:47:26
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Just saw your post. Thank you for clarification.
-fengjing2000-
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12/07/2007 postreply
07:12:27