Derivative Asylum

C

Crashed

Registered Users (C)
Hello,

I applied for asylum almost 2 years ago, but only got final approval Aug 5th, 2010 [my granted asylum I-94 shows that date]. I got Married June 2010 [in the US] and my wife is now in another country [not our COP] , can I apply for a derivative status for her [I-730]?
 
I don't think you can file a petition for her because you weren't married before you filed for asylum. If filing a petition were this easy, then even GC holders wouldn't need to wait for 3-5 years to bring their significant others here.
 
The.Walker said:
I don't think you can file a petition for her because you weren't married before you filed for asylum. If filing a petition were this easy, then even GC holders wouldn't need to wait for 3-5 years to bring their significant others here.
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But on the I-730 instructions says: the relationship between you and your relative must have existed on the date your were granted asylum in the United State and must continue to exist.

That sure has to mean something, doesn't it ?
 
I'm sorry man. I'm not too knowledgeable on this. Perhaps some senior members could shed some lights on this but by the looks of things, they're either busy with their lives or now that they've acquired citizenship, they don't even bother to come on here or even post.
 
The.Walker said:
I'm sorry man. I'm not too knowledgeable on this. Perhaps some senior members could shed some lights on this but by the looks of things, they're either busy with their lives or now that they've acquired citizenship, they don't even bother to come on here or even post.
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It is not an easy to find an answer for, I have been searching around for a while and found very few examples of people in similar situations [they were told to File I-730 by the way].

Will see what I can find.
 
Crashed said:
But on the I-730 instructions says: the relationship between you and your relative must have existed on the date your were granted asylum in the United State and must continue to exist.

That sure has to mean something, doesn't it ?
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Technically, they should let her come as a deriviative, but since she was not mention on your i-589 as a spouse and you didn't amended the i-589 to show her as your spouse, then they could probably ask you to sponser her. But i would definately try for the derivative status because you have nothing to lose. You'll only fall back on the sponsorship if they deny the deriviative status.
 
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Filing derivative asylum

HI,
I am also in the same situation. My wife (now ) filed asylum she got recomended approval we married and then after a month she got approval. I know for sure I am eligible to apply for derivative asylum and so do you. The uscis clearly says that the relation between u and ur spuse must exist before Asylum was granted (not filed) and must continue to exist when you file for I730. I have filed for I 730 it's been a month. I know there might be some issue here and there but since I am eligible to file I took a chance. Please let me know if you have any update on ur case. The USCIS says it takes 5 month to give a decision It's been exactly a month my case status is on Initial review havent even been called for biometric please enlighten me with ur information
 
asyleek said:
HI,
I am also in the same situation. My wife (now ) filed asylum she got recomended approval we married and then after a month she got approval. I know for sure I am eligible to apply for derivative asylum and so do you. The uscis clearly says that the relation between u and ur spuse must exist before Asylum was granted (not filed) and must continue to exist when you file for I730. I have filed for I 730 it's been a month. I know there might be some issue here and there but since I am eligible to file I took a chance. Please let me know if you have any update on ur case. The USCIS says it takes 5 month to give a decision It's been exactly a month my case status is on Initial review havent even been called for biometric please enlighten me with ur information
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Hi,

I am not sure what the process for the in-country applications is like, but it take them 5-6 months to send the results for that form (and they did take 6 months with my wife's application). I am not a lawyer, my particular experience with my application suggests that you are eligible but might have different processing steps since you are inside the country (interview, biometrics, ...etc).

What has your attorney told you?
 
Derivative Asylum wait time

First of all Congrats for ur derivative asylum and this is also a positive sign for me. I did not take any attorney help. I read the application and I found it that all I need is to fill and send some documents so I did it all by myself. Even for Asylum we did ourself no attorney involved. Can u please tell me like.
Did u have to do any biometric if yes than how many and after how many days u filed?
Was there any difficulties since ur spouse name was not in the asylum application?
Please advice.
 
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asyleek said:
First of all Congrats for ur derivative asylum and this is also a positive sign for me. I did not take any attorney help. I read the application and I found it that all I need is to fill and send some documents so I did it all by myself. Even for Asylum we did ourself no attorney involved. Can u please tell me like.
Did u have to do any biometric if yes than how many and after how many days u filed?
Was there any difficulties since ur spouse name was not in the asylum application?
Please advice.
Click to expand...
The derivative asylum beneficiary was outside the country in my case, so the biometrics are usually expected to be done at the consulate (or designated USCIS facility) in that country, at least that is my knowledge so far. Sorry that I can not be of help with the waiting period for the in-country applicants.

The application took the expected time-range per USCIS published statistics.

ps:Since I am no expert on immigration law, I personally prefer using attorneys to be on the safe side (even when applying for an EAD) :)
 
Derivative Asylum wait time

Thank you. Every information is helpful. Since u already have status I hope u get success and happiness in ur way ahead.
 
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