Adding a spouse to a pending asylum case

H

hokage

New Member
Hey everyone. I applied for the asylum in Oct 2015, and have been waiting for the interview ever since. I got married in 2016 to a non-citizen on a student visa. Unfortunately, my spouse is overstaying her visa now, since we didn’t add her to my asylum case. I referred to an asylum manual on USCIS website and it explained the ways of adding her to my case. Now I have a question, will uscis add her even though she is out of status now? Won’t they organize deportation for her? If not when can she apply for EAD?
 
You should talk to an immigration attorney because this is a complex scenario.

Fair warning (not legal advice): if your spouse is not the same nationality as you, and you can be safe in her country based on your asylum claim, there is a chance your current asylum application gets denied because they will tell you to move to your spouse's country to be safe.
 
insoutenable said:
You should talk to an immigration attorney because this is a complex scenario.

Fair warning (not legal advice): if your spouse is not the same nationality as you, and you can be safe in her country based on your asylum claim, there is a chance your current asylum application gets denied because they will tell you to move to your spouse's country to be safe.
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That’s what I thought. Thank you for your advice!
 
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