Cross-Chargeability
Cross-chargeability is a rule that lets an immigrant be counted against a spouse's country of birth, or in limited cases a parent's, instead of their own, when that gives a shorter wait in the visa bulletin or makes them eligible for the diversity visa.
How it works
- Spouse: if you and your spouse were born in different countries, you can usually both use the country with the more favorable date, as long as you immigrate together.
- Parent: a person born in a country where neither parent was born or lived at the time can sometimes use a parent's country of birth.
Example: a husband born in India and a wife born in Brazil, both in EB-2. If the wife is the principal, the husband uses Brazil's date as her derivative. If the husband is the principal, he can ask to be charged to Brazil, his wife's birth country, as long as they get visas and enter together.
See chargeability and our visa bulletin guide.
Frequently asked questions
Do we have to travel together?
Generally both spouses must be issued visas and enter the US together for cross-chargeability to work.
Does cross-chargeability work for the diversity visa?
Yes. A spouse born in an eligible country can make the other spouse eligible.
Who decides cross-chargeability?
The consular officer or USCIS officer applies it when you request it.
Official sources
- State Department: Visa Bulletintravel.state.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.