F3 Derivative and Cross Chargeability

Hey all! We will be reaching out to an Immigration Lawyer soon but for the mean time would really appreciate all your input and/or past experiences.

My Fiancé is the Principal Beneficiary of an approved I-130 petition charged in the Philippines under F1 category, the wait time is another 5-6 years.

We’re getting married next year and will eventually adjust to the F3 category (we’re willing to wait longer to immigrate with an F3 instead of an F1).

My question is, I was born in a country with a more favourable charge-ability (Portugal) and I’ve been reading up on cross-chargeability and I think we should be eligible once we’re married and I’m a derivative. Although, our lawyer previously said he does not know about the cross chargeability rule, I don’t know if its just cause he hasn’t dealt with a case similar to ours?

Anyways, thoughts on this? And what if the immigration lawyer insists that the rule doesn’t exist?


Change of Foreign Stage

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source https://www.reddit.com/r/immigration/comments/rg3xkk/f3_derivative_and_cross_chargeability/

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