Refugee and want to marry a person with F1 visa

[fod]

Hi
I came to the US as a refugee (asylum)
I married a girl, but the problem she is here in the US as student F-1 visa.
My question can she get a refugee or asylum status?

note:
* I don't have Green Card yet ( I need seven months to apply for it).
* We married after I came to the US as a refugee not before.
* She applied for asylum before we get married and the result was denied.
* She still studying.

If you have any information please help.

Thanks

 

[asylum_seeker]

Hi
I came to the US as a refugee (asylum)
I married a girl, but the problem she is here in the US as student F-1 visa.
My question can she get a refugee or asylum status?

note:
* I don't have Green Card yet ( I need seven months to apply for it).
* We married after I came to the US as a refugee not before.
* She applied for asylum before we get married and the result was denied.
* She still studying.

If you have any information please help.

Thanks

Unfortunately, the law dictates that if the marriage occurred before the principal applicant applies for asylum then he/she could list his/her spouse in his/her asylum application and if the principal applicant's asylum is granted then the eligible listed family members would automatically qualify for derivative asylum status.

In your situation the marriage happened after your asylum was granted and therefore you will not be able to acquire asylum status for your spouse at this time. But after obtaining your GC you can file for F2-A family sponsor petition (could take upto 2-3 years).

 

[pepsico]

Well I instead think she can apply as a derivative , as you where the main applicant ,but since you have already been granted asylum ,you can still wait for the 7 months before applying for green card and she applies her own.

 

[John Smith 1]

i agree with pepsico, i got married after i applied for asylum, i was granted asylum, wife wife had to apply for derivative i 730, she was on visa F1 A STUDENT, she got approved for derivative asylee, she got new i 94 card, work permit, and refugee travel document, her status was automatically changed in the system from f1 visa to derivative asylee

 

[hali-ando]

i agree with pepsico, i got married after i applied for asylum, i was granted asylum, wife wife had to apply for derivative i 730, she was on visa F1 A STUDENT, she got approved for derivative asylee, she got new i 94 card, work permit, and refugee travel document, her status was automatically changed in the system from f1 visa to derivative asylee

please tell me if you got married after you APPLIED for asylum or you WERE GRANTED asylum, my case is similar to yours and it would really help to know. Thanks