Cross chargeability when spouse already has a green card

[Fengp0012]

Hi,
I'm a Chinese national (and born in China) who has an approved I140 for EB3 but am waiting for priority date to be current. I'm married to a Europe-born person who already has a green card. I'm now hoping to use the cross chargeability clause and use my husband's birth country so that I don't have to wait for a long time for priority date to be current before I can file I485. However, I've heard that cross chargeability is only eligible if your spouse is applying for a green card with you. So in this case that he already has a green card, can I still use his birth country?

The other question is, if my husband files a family based green card for me, can I use cross chargeability? There's a long wait for priority date in the family based application as well.

Thank you!

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Did you marry your spouse before, or after he was granted permanent residency?

When will your spouse be eligible to apply for naturalization?

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In general, cross-chargeability applies when spouses accompany each other or a spouse seeks follow-to-join benefits