bunnyhoney
Registered Users (C)
I don't know if I should post this thread here or the family based immigration forum..guess both?
Here is my weird situation. I came to the states on F1 visa. I married my current spouse during my OPT time. By that time his 485 was pending,however since he is asylee, I won't be able to file 485 together with him because we were not married when he was granted the asylum status. when my opt expired, job market sucked, so it was hard for me to get a job to keep my immgration status. he can't go to our home country with me for he is asylum. Only way to keep our marriage is me staying here with him or he gives his asylum status up and going back to our home country which is impossible because he would end up in jail for political issue.
Then we filed my 130 when he got his greencard. My 130 is approved and visa pirority date is current. However, since I over stayed my F1 visa, so I am " out of status" now, I understand that I can't file 485 until he turns to the US citizen. However, our lawyer suggested us to file the 485 because our situation is different??? I feel stupid here even recalling this.
So we filed 485 and had interview. Now the immigration office asks me to prove my legal immigration status in 30 days, which I dont have! And the lawyer is asking me to prepare 601 now. The problem is, even I get 601 approved, I can't go back to my home country to get the immigration visa because my spouse's political issue. I will end up in jail before going to the consul interview. Should I just withdraw the the 485? and will I be deported if the 485 is withdrawed or denied?! I am so confused now. Obviously the lawyer is not helping anymore.
I learned a lot from this forum.. Thank you very much for everybody's time and effort.
Here is my weird situation. I came to the states on F1 visa. I married my current spouse during my OPT time. By that time his 485 was pending,however since he is asylee, I won't be able to file 485 together with him because we were not married when he was granted the asylum status. when my opt expired, job market sucked, so it was hard for me to get a job to keep my immgration status. he can't go to our home country with me for he is asylum. Only way to keep our marriage is me staying here with him or he gives his asylum status up and going back to our home country which is impossible because he would end up in jail for political issue.
Then we filed my 130 when he got his greencard. My 130 is approved and visa pirority date is current. However, since I over stayed my F1 visa, so I am " out of status" now, I understand that I can't file 485 until he turns to the US citizen. However, our lawyer suggested us to file the 485 because our situation is different??? I feel stupid here even recalling this.
So we filed 485 and had interview. Now the immigration office asks me to prove my legal immigration status in 30 days, which I dont have! And the lawyer is asking me to prepare 601 now. The problem is, even I get 601 approved, I can't go back to my home country to get the immigration visa because my spouse's political issue. I will end up in jail before going to the consul interview. Should I just withdraw the the 485? and will I be deported if the 485 is withdrawed or denied?! I am so confused now. Obviously the lawyer is not helping anymore.
I learned a lot from this forum.. Thank you very much for everybody's time and effort.