Requirement for EB Petition Beneficiary Alternate Chargeability to Spouse's Country of Birth

When one immigrant visa applicant can confer a more favorable preference status upon another at the same time the other immigrant visa applicant can confer a more favorable foreign state chargeability, both applicants can be
considered principal aliens. In such cases, however, both applicants must be admitted to the United States simultaneously. For example, if the principal applicant was born in India and the accompanying spouse was born in France, the principal applicant born in India can be charged to his spouse’s country of chargeability (France), even if the priority date is not current for India.