My spouse was born in a different country than I was. Since the case is based on my employment, does the country of birth of my spouse help me?

Yes, you may benefit from your spouse’s country of birth. For instance, if you were born in India, but your spouse was born in France, and there is a quota backlog for India but no quota backlog for France in your preference category, you and your spouse may proceed with your immigrant process based on your spouse’s country of birth. This is referred to as cross-chargeability.

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