Qustion regarding I730

C

Chessmate

New Member
Hi everyone,
I am new here. I have a few questions to all of you who may know the answers.
Recently I was granted Asylum and now I have the following questions. My wife was not included in my Asylum petition and consequently she wasn’t granted derivate Asylee status. Now a year from now I will be able to file I-485 and was wondering if I could include my wife in the application or she has to be a derivate asylee ? If she is to be a derivate as my wife this means I have to file I-730 and if so, do I have to wait for the I730 approval before I can file my I-485 or I can file it and when the I730 is approved my wife can file the AOS application on her own? I-730 instructions says that if the person for which the petition is filled is currently in the USA, same has to go for an interview, what kind of interview it would be, what kind of questions are asked, and will I be called to an interview as well?
Thank you very much.
 
You can file the I-730 for your wife right now. Then she will be able to get asylee status just like you. Then she can file her own I-485 one year after the I-730 is approved. You cannot include your wife on your I-485 because each person must have their own I-485. Your wife will have to either have an approved I-730 or an approved I-130 (with a current priority date) before she can file an I-485. As for the interview on the I-730, both you and your wife may be asked to come in. They will ask you questions to make sure you are really married and living together. But if you package the I-730 application with enough evidence of your marriage then you might not have to go for an interview at all.
 
Chessmate said:
Hi everyone,
I am new here. I have a few questions to all of you who may know the answers.
Recently I was granted Asylum and now I have the following questions. My wife was not included in my Asylum petition and consequently she wasn’t granted derivate Asylee status. Now a year from now I will be able to file I-485 and was wondering if I could include my wife in the application or she has to be a derivate asylee ? If she is to be a derivate as my wife this means I have to file I-730 and if so, do I have to wait for the I730 approval before I can file my I-485 or I can file it and when the I730 is approved my wife can file the AOS application on her own? I-730 instructions says that if the person for which the petition is filled is currently in the USA, same has to go for an interview, what kind of interview it would be, what kind of questions are asked, and will I be called to an interview as well?
Thank you very much.
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As long as you and your wife were married before the date you were granted asylum then you can submit an I-730 for her now. When the I-730 is approved for her she will become a derivative asylee. After one year in derivative asylee status (as measured from the date of the I-730 approval for people who are already in the USA) she can submit an I-485 for a green card.

You can submit your own I-485 one year after your own asylum approval. This has nothing to do with any I730s you might do.

The interview for the I-730 is usually pretty routine.

If you guys were married after your asylum approval then the I-130 route is not an option for you.
 
Hey all,

Has anyone ever been asked to send some additional documents regarding their I-730 cases?

I just received three emails earlier today ( each for my, brother and mother ) and the email said:

"Application Type: I730 , REFUGEE ASYLEE RELATIVE PETITION

Current Status: Request for Additional Evidence Sent

On December 4, 2008, we mailed a notice requesting additional evidence or information in this case I730 REFUGEE ASYLEE RELATIVE PETITION. Please follow the instructions on the notice to submit the requested information.This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. "

I know that there's not a whole lot to be done at this point except wait until we received the mails but still, I was wondering if someone else has already gone through similar experience. What additional documents were you required to send?
 
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The Walker,

Yes, I had a similar experience with my son's case. I forgot to submit his birth certificate and his picture when I sent his application. NSC requested these additional evidences and two years after receiving them, they approved the case.

In your case, they may need to verify if you are really the son of your father.
 
Thanks a lot for your feedback Colocolo. Actually USCIS sent three mails for additional documents for all three cases ( my, mother's and brother's cases ).

We shall get the mails by Monday and I'm really hoping that they aren't really demanding anything over-complicated such as proofs that my mother and brother are unsafe back home or something like that.

We believe we've submitted all the necessary documents (such as Birth certificates, relationship verifications etc ), that's why I'm a little nervous.

Thanks again.
 
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If you are from West Africa they may ask for a DNA sample. Apparently there is a lot of fraud going on with asylee relative petitions from that part of the world.
 
senowen said:
If you are from West Africa they may ask for a DNA sample. Apparently there is a lot of fraud going on with asylee relative petitions from that part of the world.
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I'm a South Asian.
 
The.Walker said:
I'm a South Asian.
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Ah. Well, I don't know what they want. You may have forgotten something. Did you submit police clearance certificates? I doubt they will ask for documentation of any of your family's problems unless they suspect fraud.
 
Police clearance? :S

All we submitted were the copies of our birth certificates, passports, my I-20, visa, SSN, Relationship verifications..

Again, I hope its not something over complicated!
 
We've sent pictures too.

Would you guys think that proof of being able to financially support the family members has anything to do with it?

I've applied for Work Permit under Economic Hardship for 2 years now.
 
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You are also required to send the proof that the petitioner i.e parent is an asylee. It means IJ's order or USCIS letter granting asylum to the principal asylee.
I hope u have sent that too.
 
We've sent that too Chang. Does the petitioner need to show any documents verifying ability to financially support the family members?
 
No, I do not think that is a requirement. At least I have no knowldge of that requirement.
U will come to know by tomorrow what they actually need. Be patient every thing will be fine.
Good luck.
 
I received the mail today.

It's basically for Relationship verification between me and my father.

They've asked us to various documents such as Medical and Hospital records that show my father and mother listed as my parents along with School and Church records.

Trouble is, in my birth certificate, it says that I was born in home. What do I do? I attended a well reputed school back home, so relationship verification off school records shouldn't be an issue.
 
I-730 question

Hi all,

I was granted political asylum in the united states and filed I-730 for my wife in China. My wife's dauthter is also a US Citizen and filed I-130 for my wife as well. She went for consular interivew on I-130 and it is still pending. Now my wife has appointment for I-730 interview at the consulate this month. Can she go? Is she allowed to apply for two visa at the same time? Is there any conflict? Any advise would be great. Thank you.
 
cocong said:
Hi all,

I was granted political asylum in the united states and filed I-730 for my wife in China. My wife's dauthter is also a US Citizen and filed I-130 for my wife as well. She went for consular interivew on I-130 and it is still pending. Now my wife has appointment for I-730 interview at the consulate this month. Can she go? Is she allowed to apply for two visa at the same time? Is there any conflict? Any advise would be great. Thank you.
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In theory yes she can apply for two visas. In practice having two applications at the same time can complicate things because the bureaucracy is not used to this uncommon situation. I suggest that you get a lawyer who can work this through with the consulate.

a question: is that your daughter as well? Do you know why the I-130/immigrant visa is being held up?
 
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