DACA and Cross Chargeability

Does anyone have any information about this question, considering partner (A) and partner (B)

A: has H1B and is from India, works for US company in USA which will file for his green card on EB2

B: Born in Gautemala. Came to the US (on tourist visa and overstayed) as a child and now has EAD (DACA - Dreamers Act)

If A and B marry, can he use cross charge-ability and both get their GCs? Do they have to travel outside?

anyone knows?

Cross-changeability can only be applied if both intending immigrants immigrate at the same time, meaning that B either needs to be covered under 245(i) which would let them file I-485 alongside A, or B needs to have a USC/LPR parent(s) to use for I-601A.

Basically if B is covered under 245(i) then both A and B can file I-485 using Guatemala as the country of chargeability.

If B has an USC/LPR parent they could use A's I-140 and their parent for I-601A, upon approval of I-601A for B both spouses would undergo consular processing using Guatemala as the country of chargeability.

If B is not covered under 245(i) and doesn't have a parent to seek I-601A then the only option left would be:
A files for AOS alone using India as country of chargeability (whenever EB-2 for India becomes current, right now it's backlogged 10 years).
Upon approval of A's AOS, B would file I-601A using A's I-140 as the visa petition, and A as the qualifying relative (LPR Spouse).
Upon approval of B's I-601A, B would undergo consular processing, using Guatemala as the country of chargeability.

Thank you Demise for the helpful information. I spoke to a lawyer about this last week and she thought it was possible (without needing the 245(i) or I-601A), but I didnt think that would be the case thanks for confirming .

Demise for :
"If B has an USC/LPR parent they could use A's I-140 and their parent for I-601A, upon approval of I-601A for B both spouses would undergo consular processing using Guatemala as the country of chargeability."

In the case above if B's I-601A gets rejected, would that jeopardize or cause A's AOS application to get rejected?

Yes and no, namely in this case both spouses would undergo consular processing to make use of cross-chargeability. Neither would file I-485, both would file DS-260 after B's I-601A would be approved.

Pretty much A wouldn't be able to get a green card early by using Guatemala as country of chargeability but also wouldn't have filed anything that could be denied.

That clarifies this a lot. Thank you.