Asylee Based GC holder and spouse's I-485 application

A

Asylee_Spouse

Registered Users (C)
Hello all,
first, l am so glad I find this place after been frustrating to look for such forums for a long time.
second, I would like to share my timeline. I485 RD: 07/01, FP: 07/04, RFE: 06/05, BIO: 08/11/05, AD: 8/23/2005.
Third, I have a question, need you guys help.

I got married after I filed I485, my spouse is F1, since I did not find any evidence for my spouse to be derivative asylee or follow-to-join I-485, my spouse has been maintaining F1 since day one. Now, I am GC holder, I would like to apply GC for my spouse. what are the forms? I get confused about i-130, do I need it? if so, I have to pay fee for I-485 and I-130, is it right? I am very appreciated if anyone give me the list of forms.

Good Luck to all.
 
Asylee_Spouse said:
Hello all,
first, l am so glad I find this place after been frustrating to look for such forums for a long time.
second, I would like to share my timeline. I485 RD: 07/01, FP: 07/04, RFE: 06/05, BIO: 08/11/05, AD: 8/23/2005.
Third, I have a question, need you guys help.

I got married after I filed I485, my spouse is F1, since I did not find any evidence for my spouse to be derivative asylee or follow-to-join I-485, my spouse has been maintaining F1 since day one. Now, I am GC holder, I would like to apply GC for my spouse. what are the forms? I get confused about i-130, do I need it? if so, I have to pay fee for I-485 and I-130, is it right? I am very appreciated if anyone give me the list of forms.

Good Luck to all.
Click to expand...

I have the same question. But we can only file for I-130 not I485. wait for GC filling is over 4 years.
 
Process

As a Permenant Holder, you must first file form I-130 for your spouse. The form is quite easy to read and fill out. It is not complicated and you can do it alone (without the need for an attorney). The evidence you will need to provide are as follows:
1. Lawful Permanent Resident Status: As evidence of your lawful PR status, submit a copy of the front and back of your alien registration card.
2. Copy of your marriage certificate. If its in another language, be sure to provide CIS with a certified translation as well.
3. Forms G-325A - for both you and your spouse.
4. Two passport-style photographs of both you and your spouse.
5. Legal termination of all prior marriages (if either of you have been married before). Again, provide a certified translation if its in another language.
6. Any name change documents - if either one of you has changed names. Again, provide a certified translation if its in another language.

**Please note that you are submitting copies of all the documents. Do NOT send in your originals because you may never get them back. If they need the originals, they will ask for them.

Remember, filing and approval of an I-130 relative petition is only the first step in helping a spouse immigrate to the USA (get a GC). It will take several years for the I-130 to be approved and your wife must maintain her own legal status - or she may return to your home country and wait until a visa number is ready for her. Once the I-130 is approved, the file is sent to the National Visa Benefit Center (or US Consulate if the beneficiary is overseas). The file will sit there until a VISA is available. Currently, they are issuing visas for Sept. 2001 (for our category) - so you know the wait time is any where from 4-5 years for your wife to get her GC. Of course, if you become a citizen by that time you must call in and they will bump up your case. Immediate relatives of US Citizens do not require a visa and file I-485 immediately after I-130 approval.

I hope this explains what lies ahead for you. Please feel free to ask me any questions- I will try to answer what I can.
 
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thanks, then my spouse is not eligible to file I-485 now?

I have to File I-130 first, after it is approved in 4~5 years, then file I-485 and wait, is it right?

And my spouse has to maintain a legal status while I-130 is pending, that means no EAD or no AP based on I-130, is it right?

I am very appreciated your reply.
thanks,

LolaLi said:
As a Permenant Holder, you must first file form I-130 for your spouse. The form is quite easy to read and fill out. It is not complicated and you can do it alone (without the need for an attorney). The evidence you will need to provide are as follows:
1. Lawful Permanent Resident Status: As evidence of your lawful PR status, submit a copy of the front and back of your alien registration card.
2. Copy of your marriage certificate. If its in another language, be sure to provide CIS with a certified translation as well.
3. Forms G-325A - for both you and your spouse.
4. Two passport-style photographs of both you and your spouse.
5. Legal termination of all prior marriages (if either of you have been married before). Again, provide a certified translation if its in another language.
6. Any name change documents - if either one of you has changed names. Again, provide a certified translation if its in another language.

**Please note that you are submitting copies of all the documents. Do NOT send in your originals because you may never get them back. If they need the originals, they will ask for them.

Remember, filing and approval of an I-130 relative petition is only the first step in helping a spouse immigrate to the USA (get a GC). It will take several years for the I-130 to be approved and your wife must maintain her own legal status - or she may return to your home country and wait until a visa number is ready for her. Once the I-130 is approved, the file is sent to the National Visa Benefit Center (or US Consulate if the beneficiary is overseas). The file will sit there until a VISA is available. Currently, they are issuing visas for Sept. 2001 (for our category) - so you know the wait time is any where from 4-5 years for your wife to get her GC. Of course, if you become a citizen by that time you must call in and they will bump up your case. Immediate relatives of US Citizens do not require a visa and file I-485 immediately after I-130 approval.

I hope this explains what lies ahead for you. Please feel free to ask me any questions- I will try to answer what I can.
Click to expand...
 
Asylee_Spouse said:
I have to File I-130 first, after it is approved in 4~5 years, then file I-485 and wait, is it right?
Click to expand...
Correct. I130 may be approved earlier, but you need to wait for PD to file I485.
Asylee_Spouse said:
And my spouse has to maintain a legal status while I-130 is pending, that means no EAD or no AP based on I-130, is it right?
Click to expand...
EAD and AP will be filed with I485. Your spouse has to maintain legal status until I485 is filed, not only while I130 is pending.
 
Take this analogy. The I-130 merely allows you to stand in line to wait for an immigrant visa. This line is very long and it takes about four to five years for you to reach the goal. While you are waiting no benefits attach to the person. You cannot stay, let alone work, in the United States on the basis of being in line.
 
I see, I485 has to be filed after I130 approved, but

hampton8844 said:
Take this analogy. The I-130 merely allows you to stand in line to wait for an immigrant visa. This line is very long and it takes about four to five years for you to reach the goal. While you are waiting no benefits attach to the person. You cannot stay, let alone work, in the United States on the basis of being in line.
Click to expand...

Does I-130 filing impact other visa application? such as H1; re-issurance of F-1 from home country or 3rd country?

thank you.
 
Asylee_Spouse said:
Does I-130 filing impact other visa application? such as H1; re-issurance of F-1 from home country or 3rd country?

thank you.
Click to expand...


It would give you problems for visas like F-1 or B1 because for these visas you have to convince the government that you do not intend to remain permanently in the US. With an I-130 on file this gets dicey.

It is OK for H1 because this visa allows the dual intent.
 
thank you very much

hampton8844 said:
It would give you problems for visas like F-1 or B1 because for these visas you have to convince the government that you do not intend to remain permanently in the US. With an I-130 on file this gets dicey.

It is OK for H1 because this visa allows the dual intent.
Click to expand...

Got it,
thanks!
 
Hi,

According to the processing time at NSC, your I-485 should be pending if your RD is 07/01, the NSC Asylee Adjustment processing date is only 3/1/2000, how did you get yours approved so quick? If still pending, your could file for your husband immediately.

Can you clarify your I-485 date? Thanks.
 
yes

accu info said:
Hi,

According to the processing time at NSC, your I-485 should be pending if your RD is 07/01, the NSC Asylee Adjustment processing date is only 3/1/2000, how did you get yours approved so quick? If still pending, your could file for your husband immediately.

Can you clarify your I-485 date? Thanks.
Click to expand...

My I485 RD is July2001, if you read more from this forum, you can find some cases in 2002 got approved.

I did not file for my spouse before I got approved, it is huge mistake(I should try it at least), but some agreesive lawyers said YES, some conservative lawyers said NO for my spouse's case. And I did not find articles/laws to rely on either.
 
It's pitty.

I wish you could use my pending 485 ;)

By the way, My 485 RD is Nov 2000, RFE 03/05, BIO 06/05, can you tell me my still pending? Thanks.
 
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Asylee_Spouse said:
I did not file for my spouse before I got approved, it is huge mistake(I should try it at least), but some agreesive lawyers said YES, some conservative lawyers said NO for my spouse's case. And I did not find articles/laws to rely on either.
Click to expand...

I didn't undrestand what you said, If you have pending case you can apply for your spouse?
I am married, and I put my wifes name in I-485 does it help.
If you know more info. please let me know.
Thanks
 
I meant I did not try to apply my spouse during my pending case, because I did NOT find any evidence saying yes - your spouse can file I-485 since your case is pending.
I don't know the result if I had applied. but I have supicious if applied I-485 and no results in short term, it surely would impact my spouse's other visa applications.
In short, I do not have any positive information about this kind case.
 
what else

Asylee_Spouse said:
I meant I did not try to apply my spouse during my pending case, because I did NOT find any evidence saying yes - your spouse can file I-485 since your case is pending.
I don't know the result if I had applied. but I have supicious if applied I-485 and no results in short term, it surely would impact my spouse's other visa applications.
In short, I do not have any positive information about this kind case.
Click to expand...

your marriage is the hardest evidence to file for your spouse as a derivative, isn't it? what more evidence need.
 
accu info said:
your marriage is the hardest evidence to file for your spouse as a derivative, isn't it? what more evidence need.
Click to expand...
No, marriage after asylum granted is NOT eligible to be derivatives. (derivatives are eligible for I-485 after one year approval itself).
 
730 needed?

Asylee_Spouse said:
No, marriage after asylum granted is NOT eligible to be derivatives. (derivatives are eligible for I-485 after one year approval itself).
Click to expand...

Need to file 730 first, then one yr later after 730 approval?
Thanks.
 
Have you seen those people, when they applied for GrenCard, their spouse will incuded in their case? Like Employment GC, ot Lottory.
What about us, Can we do the same thing. I put my Wife's name in my GreenCard application, eventhough I know it doesn't help. But I want to ask you guys.
Really, what is solution for the people who got married after they granted their Refugee/Asylee status? wait forever?Nothing?
Thanks:)
 
nasrmobin said:
Have you seen those people, when they applied for GrenCard, their spouse will incuded in their case? Like Employment GC, ot Lottory.
What about us, Can we do the same thing. I put my Wife's name in my GreenCard application, eventhough I know it doesn't help. But I want to ask you guys.
Really, what is solution for the people who got married after they granted their Refugee/Asylee status? wait forever?Nothing?
Thanks:)
Click to expand...


the line has to be drawn somewhere. for asylum cases that line is drawn on the date of the asylum grant because frankly this is the most important date for asylees and refugees. If your spouse was married to you on the date of your grant then she became an asylee.
 
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