Here you go
Ayyubov,
Here is an old post by Peach where she talked about Nunc Pro Tunc for Derivative asylees in an extensive manner. Hope it answers your question.
If your “friend” gets married it would have a major issue on her adjustment.
She has a derivative asylum status. In order to get her GC she must stay “a child” for as long as it takes.
After she gets married she won’t qualify as a dependent, will lose the derivative status and won’t be eligible to adjust her status to the permanent resident anymore as a derivative.
She should file Nunc-pro-tunc alylum application in order to proceed with GC.
According to Affirmative Asylum Procedures Manual she only has one year after “getting aware of lose of derivative status” (means one year after you two get married) to apply for Nunc-pro-tunc .
It shouldn’t be a problem. She won’t have to prove any fear of prosecutions and her status will be backdated to the date she got her derivative status.
BUT – she cannot include you (the husband) in her Nunc-pro-tunc application or petition I-730, Refugee/Asylee Relative Petition for you. If she wishes to include you in her grant of asylum, she must file a regular principal asylum application (Form I-589) and be interviewed on its merits. If approved, the approval cannot be dated back to the original date of the grant of derivative status.
She would have to start over and file another I-485 after a year of her grant of asylum.
She will file I-730 for you, and, after it gets approved, you’ll get your EAD,
And then, in about another 10 to 14 years – the green card.
If during the interview asylum officer think she has no fear to go back home, or for any other reasons he/she will find her ineligible and deny her application – your wife will face deportation and big $$ to appeal for both of you.
The “follow to join” has nothing to do with asylum applicants and by marrying her now you will not get a green card any time soon. In order to derive benefits from a primary applicant, the relationship (parent/child and husband/wife) must exist BEFORE the application for asylum gets approved.
Sorry, but this is how it works.
Furthermore: the fact your fiancé had her fingerprints taken in July 2004 means nothing. Just a standard procedure before a long-long wait. If she filed I-485 in July 2003 then her turn for the Green Card will be somewhere in Oct. 1, 2013-Sept. 30, 2014 .
Check this out:
http://uscis.gov/graphics/fieldoffi...a/asyleeadj.htm
You might have to let her file a Nunc-pro-tunc on her own and wait till she gets her GC and sponsor you. Or you can try your employer. But… I am just a person at the computer, who been waiting for my own GC for too long.
You should definitely talk to the god immigration lawyer about your best option.
Good luck!
