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  • Cross Chargeability

    Hi,

    I got my I140 approved(PD 2017). I was born in India and my wife is born in Kuwait but in her passport her place of birth was India while she applied for her H4 Visa. Last month we were able to correct her Indian passport and with Place of Birth as Kuwait , she also got her original birth certificate.
    Are we eligible for Cross Chargeability , since her POB was Indian at the time when she got her visa, will it be a problem for applying Cross Chargeability
    Please Advice

    Thanks,
    SP

  • #2
    Originally posted by Spdmoines View Post
    Hi,

    I got my I140 approved(PD 2017). I was born in India and my wife is born in Kuwait but in her passport her place of birth was India while she applied for her H4 Visa. Last month we were able to correct her Indian passport and with Place of Birth as Kuwait , she also got her original birth certificate.
    Are we eligible for Cross Chargeability , since her POB was Indian at the time when she got her visa, will it be a problem for applying Cross Chargeability
    Please Advice

    Thanks,
    SP
    You guys are eligible for cross-chargeability. But, if she put India as her place of birth on her H4 visa application, there may be questions about whether she lied (if she truthfully put Kuwait at the time despite the passport incorrectly saying India, then there shouldn't be a problem)

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      If the original birth certificate is from Kuwait, you are eligible for Cross Chargeability. Just make sure you can explain the confusion why you had submitted your wife place of birth as India prior to the correction during the interview if the subject is brought up for discussion.

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