Adjusting Status - Spouse is LPR

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shaka_zu

New Member
My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
 
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shaka_zu said:
My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
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Your wife, now being Legal Permanent Resident, is eligible to sponsor your immigration and file I-130 (Petition for Alien Relative). However, she must prove that she's able to support you by filing I-864 Affidavit of Support properly. Be prepared that USCIS will check whether or not your marriage is bonafide, since your status is questionable, to say the least

Please read the instructions http://uscis.gov/graphics/services/residency/family.htm

Since I'm not an expert I don't know anything about the effects of your actual (il)legal status on this process. You might be better off consulting an immigration lawyer anyway.
 
shaka_zu said:
My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
Click to expand...
If you entered this country legally, and you're not under deportation, you should be fine. However, do get prepared to prove that you have a bonafide marriage. Also, if your wife's income does not meet the requirements for sponsoring you, you can always find a joint sponsor.
P.S. I think it would be better if you file your papers before your hearing.
Good luck!
 
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