Adding my wife as derivative asylum

S

stevemasters

New Member
Hello, I really need some help please!!

I got married in 2008 a few months before filing my asylum case but since I wasn't sure if the marriage worked because I was told that I should receive my marriage certificate by mail within 10 days. I never received it so I thought maybe something didn't just work out. I was granted asylum on jan 2009 and filed as single since I thought the first marriage didn't work. We tried to get married again and we were told we were already married, the lady at the office said the receit we got the day of our marriage was enough and that the certificate is not mandatory.
Im just about to file for my GC then add her later but in the meantime I was wondering because my wife is from france (we are not from the same country) and I wanted to know if I can add her as derivative asylum since we got married before I was granted asylum? Is The fact that I filed as single going to be a perjury issue? I never received any money or assistance from the government and I pay my taxes like anybody else (don't know if that counts).
also her visa just expired...
Thank you very much for your help!
 
I was granted a derivative asylum also. Well, my wife and I filed separately for green card. We paid separate fees. You should mention that u r married in i485. The difference between me and ur wife is that the judge gave me the paper saying about my derivative status. U better consult a lawyer before applying for gc because after u receive it, there will be no chance to attach ur wife to the case...
 
stevemasters said:
Hello, I really need some help please!!

I got married in 2008 a few months before filing my asylum case but since I wasn't sure if the marriage worked because I was told that I should receive my marriage certificate by mail within 10 days. I never received it so I thought maybe something didn't just work out. I was granted asylum on jan 2009 and filed as single since I thought the first marriage didn't work. We tried to get married again and we were told we were already married, the lady at the office said the receit we got the day of our marriage was enough and that the certificate is not mandatory.
Im just about to file for my GC then add her later but in the meantime I was wondering because my wife is from france (we are not from the same country) and I wanted to know if I can add her as derivative asylum since we got married before I was granted asylum? Is The fact that I filed as single going to be a perjury issue? I never received any money or assistance from the government and I pay my taxes like anybody else (don't know if that counts).
also her visa just expired...
Thank you very much for your help!
Click to expand...

You could have filed an I-730 within 2 years of the grant of asylum (that would have been a battle because of the non-disclosure in the I-589 but could have eventually been approved). It is too late now and you must adjust and file an I-130.
 
be-careful... consult a lawyer... as far as I know, ur wife can not avail this 'derivative asylee' benefit as you didnt mention in your I-589 that u were married.... u didnt need marriage certificate at that time, hence u were not supposed to miss typing your 'married status at that time..... but if you have solid proofs that u were married prior to u getting asylum and you have solid reasons that why you missed stating the same at that time.. then again u need some attorney's advice... good luck
 
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