Utilizing Your Spouse’s Birthplace for Faster Green Card Processing
Cross-chargeability is a U.S. immigration rule that allows your green card case to be “charged” to your spouse’s country of birth if it results in faster visa availability. In practice, this helps applicants from oversubscribed countries (where backlogs are long) move ahead by using their spouse’s country instead.
I-485 / AOS
Consular Processing (DS-260)
Visa Bulletin
Country of Chargeability
What is Cross-chargeability
By default, your green card case is “charged” to your country of birth. However, immigration law allows you to use your spouse’s country of birth if it benefits your case. This option applies as long as the spouse is immigrating with you (accompanying or following-to-join).
This mechanism is commonly used in family and employment categories where the applicant’s country is oversubscribed but the spouse’s country is “current” in the Visa Bulletin.
Legal Basis
- Codified in INA § 202(b) (8 U.S.C. § 1152(b)) — “Rules for chargeability.”
- USCIS Policy Manual instructs officers to check cross-chargeability when reviewing Adjustment of Status cases.
- 9 FAM 503.2 (Department of State) describes derivative chargeability rules.
- In the Diversity Visa program, the same principle applies when charging to spouse’s or parent’s country.
Important: It is based on country of birth, not citizenship. Marriage must exist at the time of approval, and the spouse must immigrate with you or follow-to-join.
Where and Who Benefits
Applicable Categories
- Family (F categories): spouses/children can cross-charge to each other’s countries.
- Employment (EB categories): principal applicants may use spouse’s country of birth.
- Diversity Visa (DV): charging to spouse’s or parent’s country is allowed.
Especially Useful When
- Your country is oversubscribed, while your spouse’s country is “current.”
- The difference in “Final Action Dates” is several years, allowing earlier Adjustment of Status or visa issuance.
Visa Bulletin: How to Check
- Open the current Visa Bulletin and find your category (family or employment) and your country of birth.
- Compare the dates with your spouse’s country in the Final Action Dates chart.
- If your spouse’s date is current or more favorable, cross-chargeability can be applied.
U.S. immigration law limits visas per country (about 7% annually). Cross-chargeability helps bypass backlogs tied to your own country.
Adjustment of Status (I-485)
- In your cover letter, request cross-chargeability under INA § 202(b).
- Provide evidence: marriage certificate, spouse’s birth certificate or passport.
- Submit as a family package or request that USCIS link the cases.
- Check which chart (Final Action or Dates for Filing) USCIS allows that month.
Officers are required to check eligibility, but explicit request reduces RFEs.
Consular Processing (DS-260)
- Correctly list countries of birth for both spouses.
- Send NVC a request for cross-chargeability with proof of marriage and spouse’s birth.
- Bring originals to the consular interview.
Quick Reference: Where and How to Request Cross‑chargeability
| Stage | Action | Documents | Notes |
|---|---|---|---|
| AOS (I‑485) | Ask for cross‑chargeability in the cover letter; include evidence; file cases together. | Marriage certificate; spouse’s birth certificate/passport; bona fide marriage evidence. | Check which chart USCIS allows for filing (FAD/DFF) each month. |
| Consular (DS‑260) | Request cross‑chargeability with NVC; bring originals to interview. | Same evidence plus translations if required. | Follow embassy instructions. |
| Diversity Visa | Charge to spouse’s/parent’s country if eligible. | Proof of relationship and birth. | Visas must be issued before fiscal year end. |
Stage:
AOS (I‑485)
Action:
Request in cover letter; include evidence; file together.
Documents:
Marriage cert; spouse’s birth cert/passport; bona fide evidence.
Notes:
Verify monthly filing chart (FAD/DFF).
Stage:
Consular (DS‑260)
Action:
Ask NVC; bring originals to interview.
Documents:
Same docs + translations if needed.
Notes:
Follow embassy guidance.
Stage:
Diversity Visa
Action:
Charge to spouse’s/parent’s country.
Documents:
Relationship & birth evidence.
Notes:
Must be issued within the fiscal year.
How Cross-chargeability Reduces Wait Time
Illustrative comparison between backlog from applicant’s own country vs. spouse’s country.
Practical Scenarios
EB-2: Applicant born in backlog country, spouse in “current” country → file AOS under spouse’s country.
Family F-3: Principal’s country not current, spouse’s is → faster consular interview.
Diversity Visa: Born in ineligible country, spouse in eligible → can participate using spouse’s country.
Limitations & Risks
- Marriage must exist at final approval.
- Spouse must accompany or follow-to-join.
- Based on country of birth, not citizenship.
- Fraudulent marriages result in denial and penalties.
- DV deadlines: visas only valid until end of fiscal year.
Children & DV Cases
Children derivatives follow the same chargeability as parents. In DV, all family members are charged to the same country/region based on the rules.
- Check eligibility under CSPA (age-out protection).
- DV visas must be issued within the same fiscal year.
FAQ
Does my spouse have to be the principal applicant?
No. Either spouse can benefit as long as the marriage is valid and the spouse immigrates.
Is there a special form?
No. A request in a cover letter or NVC communication is sufficient.
What if I already filed?
You can send a supplemental letter with evidence. Officers must check eligibility anyway.
Does citizenship matter?
No. Only place of birth counts.
How often do Visa Bulletin dates change?
Monthly. USCIS also specifies which chart can be used for AOS each month.
As USCIS States
“An applicant may benefit if the visa number is charged to the country of birth of the applicant’s spouse or parent. This is known as cross-chargeability.”
Official Sources
- USCIS Policy Manual — Volume 7, Part A, Chapter 6 (§C(7) Cross-Chargeability)
- 8 U.S.C. §1152(b) (INA §202(b)) — Rules for Chargeability
- 9 FAM 503.2 — Chargeability; Derivative Chargeability
- USCIS — AOS Filing Charts from the Visa Bulletin
- U.S. Department of State — Visa Bulletin
- DOS — Diversity Visa Program Instructions
- 9 FAM 502.6 — Diversity Immigrant Visas (DV)
Main Types of U.S. Immigration & Business Visas
EB-2
For professionals, scientists, and advanced degree holders
EB-2A
For holders of master's or doctoral degrees
EB-2B
For professionals with exceptional ability
EB-3
For skilled, professional, and unskilled workers
O-1
For individuals with extraordinary ability (science, arts, sports, business)
EB-1
For outstanding individuals, professors, and executives
EB-1A
For individuals with extraordinary talent (science, arts, sports)
EB-1B
For outstanding professors and researchers
EB-1C
For multinational managers and executives
L-1
For intracompany transferees and managers
E-2
For investors and entrepreneurs
E-1
For entrepreneurs and companies engaged in trade with the U.S.
