Question details
I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules. <br>
1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules? <br>
2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)? <br>
3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth? <br>
4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?
I started my relationship with Rajiv and team from 2000. They were with me all the time from 2000 to 2006 for whole journey of 6 years in my green card processing.
Half way through my company changed its name forced to start all over again and then went with the many hick ups due to my employer ( a start up company) going up and down. Rajiv team was with me to help me to resolve the issues. Finally my green card is approved after 4 EAD extensions. Thanks for the advice and constant help from Rajiv's team. I could have lost this battle long back with out your help. Once again Thanks for making it happen