Can I do cross-chargeability with my spouse?

When it comes to immigration to the United States through the EB-3 visa, it is common to have questions about rules that can help reduce waiting times. One of these rules is ‘cross-chargeability’, which allows the spouse’s country of birth to be considered for ‘chargeability’ purposes (assigning a country the responsibility for issuing the visa) instead of the applicant’s country of birth, provided certain conditions are met.

In practice, if your spouse was born in a country that does not face as much demand as yours, you can, in some cases, request that their country be used in the analysis of your case. This can represent an advantage if your country of origin is subject to a large volume of requests and, consequently, long waiting times.

It is worth emphasizing that for this possibility to occur it is crucial to prove a legal marriage and that both intend to follow immigration procedures in accordance with United States laws. It is important to highlight that every case is unique. Therefore, it is essential to strictly follow the rules and procedures established by U.S. immigration law.

Moreover, it is always recommended to seek specialized advice and be very careful with companies or marketing campaigns that promise miraculous solutions and guaranteed results, because the correct application of the rules may vary according to individual circumstances. Always stay alert to updates in the law and regulations, and although it is possible to use ‘cross-chargeability’ with your spouse, a full understanding of the requirements and the correct preparation of the process are indispensable to avoid future complications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.