EB-3Reddit r/USCIS · 3 min read

Green Card Approved After Two Rejections Using Cross-Chargeability Strategy

An EB-2 applicant shares their green card approval timeline after two prior rejections related to cross-chargeability processing issues, offering insight into the AOS interview process and filing strategies.

· Source: Reddit r/USCIS
A Reddit user in the r/USCIS community shared a detailed account of their successful green card approval under EB-2 with cross-chargeability, following two previous rejections. The applicant filed their I-485 (Adjustment of Status) and I-765 (EAD) in September 2025, received an RFE, completed biometrics, and ultimately attended an interview in March 2026 before receiving approval on March 16, 2026. The applicant's case is notable because their initial two filing attempts were rejected due to USCIS failing to honor cross-chargeability, even when a cover letter was included explaining the basis. The first rejection returned the full packet uncashed, while the second was rejected after checks were cashed and receipt notices issued. Their attorney ultimately switched to traditional paper filing via the MSC service center for the third attempt, which proceeded successfully. During the I-485 interview at a field office, questions were primarily focused on the principal applicant's employment history, including job duties, how the position was obtained, client relationships, and compensation. Marriage-related questions were minimal. One notable procedural step was that the officer printed employment-related answers and had the applicant sign them before a witness, a practice some attorneys describe as standard and others associate with heightened scrutiny. For EB-3 and other employment-based applicants using cross-chargeability, this case highlights the importance of clearly documenting eligibility in filing cover letters and being prepared for USCIS intake errors. Cross-chargeability allows a principal applicant to use a spouse's country of birth if it has an earlier priority date cutoff, potentially reducing wait times significantly. Applicants in similar situations may benefit from working closely with an experienced immigration attorney and considering paper filing if electronic submissions are repeatedly rejected without clear cause.

Related Articles