Filing 485 for spouse of asylee

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ruyu2009

New Member
Hello everyone.

I found this forum from Google and there are a lot of good advices. I hope you can help me with my question.
My I-589 application was filed in 2005 and I got married in 2007. I was granted asylee in March 2008. Both of us came to the states in 2001 and she now holds H1B visa (expires in 2011).

I was going to file I-485 next month but my question is this:
Can my wife file a her I-485 now with me? Or does she have to file I-730 first to get derivative asylee status and wait for 1 year to file I485 then?


Thank you very much for your help!
 
you need to file for I 730 for your wife because you were married before
your asylum was granted,

when your wife I 730 get approved, her status will be changed from H1B to asylum status, she will get new I 94 CARD by mail shows she has asylum status,

she will be able to apply for non restricted social security number and
refugee travel document,

and one year latter from the day she get i730 approved, she can apply for
GC,

ME and my wife were in the same situation, my wife had F1 VISA
 
Thank you so much.
Do you know how long I730 usually takes? My I589 took 3 years and we were worried if her I730 would take that long too.
 
ruyu2009 said:
Hello everyone.

I found this forum from Google and there are a lot of good advices. I hope you can help me with my question.
My I-589 application was filed in 2005 and I got married in 2007. I was granted asylee in March 2008. Both of us came to the states in 2001 and she now holds H1B visa (expires in 2011).

I was going to file I-485 next month but my question is this:
Can my wife file a her I-485 now with me? Or does she have to file I-730 first to get derivative asylee status and wait for 1 year to file I485 then?


Thank you very much for your help!
Click to expand...


Before your asylum approval you could have asked the asylum office to add her name to the application for asylum. It is too late for that now. You have to submit an I-730 and get it approved first.
 
Thank you -- Thankful. I wish I had known this but it's too late. I guess I can only file I-730 for her now.
However we came from different country. Do you know if that will be an issue?
It's also possible she can apply for EB1 but we don't which one is better. Could you give some advice? Thanks again!
 
ruyu2009 said:
Thank you -- Thankful. I wish I had known this but it's too late. I guess I can only file I-730 for her now.
However we came from different country. Do you know if that will be an issue?
It's also possible she can apply for EB1 but we don't which one is better. Could you give some advice? Thanks again!
Click to expand...

Being from different countries will NOT be a problem. Good luck.
 
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