Asylee Marriage and GC filling procedures

Mr. Bird

Registered Users (C)
I got my asylum approved and i will be applying for my Green Card soon. I got married months after approval. Can i include my wife in my GC application so she too can get the GC?
 
If I am not wrong, marriage should be before your asylum approval to do a join to follow.


But then i had not met my spouse yet. Well, I know that the law allows to marry anytime you wish, but my question basically is...Can i include my wife in my GC application form or do i have to wait until i get my GC so she can apply on her own under me? It's a little confusing?
 
But then i had not met my spouse yet. Well, I know that the law allows to marry anytime you wish, but my question basically is...Can i include my wife in my GC application form or do i have to wait until i get my GC so she can apply on her own under me? It's a little confusing?

As I can see from you signature - you will apply for a GC in July 2012, and then you can expect to get your GC somewhere between Sep-Nov 2012.

I'm in the same situation, and unfortunately even if you list your wife in your i485 application, it wont benefit her in any way. So, you have to wait till you get your GC or probably you passed the naturalization process.
 
As I can see from you signature - you will apply for a GC in July 2012, and then you can expect to get your GC somewhere between Sep-Nov 2012.

I'm in the same situation, and unfortunately even if you list your wife in your i485 application, it wont benefit her in any way. So, you have to wait till you get your GC or probably you passed the naturalization process.


Thanks, but will she be able to get a work permit if i list her in my i485? cos her's is student's and is expiring soon. What will they say about her if i list her?
 
Thanks, but will she be able to get a work permit if i list her in my i485? cos her's is student's and is expiring soon. What will they say about her if i list her?

No she can't get a work permit if you list her in your I-485.

You have 2 options in your situation:

1. Wait until you become LPR and then file I-130 for her and then she will have to wait until the visa is available for her to apply for CG. Visa for LPR spouse is not available immediately unless you are U.S. citizen

2. Wait until you become U.S citizen and then file I-130 for her. Visa is available immediately for U.S citizen spouse.

I hope my answer helps you.
 
Hi Can u please tell me how long does it normally take on an average to get the decision on I 730 ( DERIVATIVE ASYLUM) I know uscis says it's 5 months. I got the receiptant letter on November 7th Filed just a week before that ... Approximately when will they send me for the biometric appointment, Do I have to give interview ? Please help I know there is no accurate answer and all cases are unique but I am just looking for an idea.
 
No she can't get a work permit if you list her in your I-485.

You have 2 options in your situation:

1. Wait until you become LPR and then file I-130 for her and then she will have to wait until the visa is available for her to apply for CG. Visa for LPR spouse is not available immediately unless you are U.S. citizen

2. Wait until you become U.S citizen and then file I-130 for her. Visa is available immediately for U.S citizen spouse.

I hope my answer helps you.



Thanks, that gives me an idea. Yes it helps to know that.
 
Hi Can u please tell me how long does it normally take on an average to get the decision on I 730 ( DERIVATIVE ASYLUM) I know uscis says it's 5 months. I got the receiptant letter on November 7th Filed just a week before that ... Approximately when will they send me for the biometric appointment, Do I have to give interview ? Please help I know there is no accurate answer and all cases are unique but I am just looking for an idea.


it took my friend 7months. Depends on your case and the pile of work in office.
 
It took my friend 7 month ...

Hi Mr Bird,
Thank you so much for the reply.... I have send my application on Nov 7th and on jan last I did the finger print. I hope to get a response within 5 month.
 
it took my friend 7months. Depends on your case and the pile of work in office.

Mr Bird, From my knowledge if you would have married even a day before you got the asylum approval you could apply a derivative asylum for ur spouse, If you marry after the approval of asylum status it will not do any benefit to your spouse in terms of visa status. What ever assylum suggested is very true you can file I-130 for your wife once u get ur green card but please check the time availability i believe it should be around 5 years.
The second option is wait until u become a citizen. According to U.S law one can file for citizenship after 5 years in green card however The good news is asylum status can file for citizen after 4 years on green card Asylum applicant gets this benefit. It's actually one year which you spend on asylum status will be added in 4 years of green card. ... and once u get the citizenship you can file for your wife ...


Since I am not a lawyer or a legal advisor. Please consult with you lawyer to have better understanding.
 
A

Mr Bird, From my knowledge if you would have married even a day before you got the asylum approval you could apply a derivative asylum for ur spouse, If you marry after the approval of asylum status it will not do any benefit to your spouse in terms of visa status. What ever assylum suggested is very true you can file I-130 for your wife once u get ur green card but please check the time availability i believe it should be around 5 years.
The second option is wait until u become a citizen. According to U.S law one can file for citizenship after 5 years in green card however The good news is asylum status can file for citizen after 4 years on green card Asylum applicant gets this benefit. It's actually one year which you spend on asylum status will be added in 4 years of green card. ... and once u get the citizenship you can file for your wife ...


Since I am not a lawyer or a legal advisor. Please consult with you lawyer to have better understanding.


Thank you, i think i will file her I-130 after i get my GC. At least that way she will get a work permit awaiting her visa, right?
 
Thank you, i think i will file her I-130 after i get my GC. At least that way she will get a work permit awaiting her visa, right?

Oh man. No, you're wrong about the work permit. She won't get a thing until the I130 will be approved and then she gets her spouse visa. As was mentioned before - it could take 2 to 5 years to complete this process. It's kinda a pain in the ***.
Keep in mind, she also won't be able to get a tourist visa (and probably a consulate could decline her petition for a student visa as well). So, it's a tricky process. Once you filled the I130 - she has to be abroad all the time until she gets her spouse visa. Sucks but it's a law.
 
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