Primary beneficiary: Indian citizen
Spouse or derivative beneficiary: Kuwait born Indian citizen
We have filed I-485 EB2 under cross country chargeability rule.
485 received date: 02/09/2017
We had submitted a case inquiry through the senator
Response that we had recieved is as provided below.
"In regards to the I-485, based on an approved I-140, your constituent has a priority date of August 19, 2016, under the India 2nd preference category. The current Visa
Bulletin shows there may be a visa available for those in this category with a priority date prior to December 8, 2013.
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-march-2018.html.
Based on this, it would not appear that Mr. YYYY is not eligible to adjust status at this time."
It appears that the AOS officer is not considering the fact that my wife was born in Kuwait and hence we are eligible for the cross country chargeability.
Cross country chargeability rule makes our case under Rest of the world 2nd preference category and hence visa is available based on our priority date of August 19, 2016 and we are eligible to adjust status at this time.
Is this true? Will we be eligible to adjust status at this time?
Thanks in advance for sharing your valuable advice or suggestions