Girlfrien over stay the visa

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rickyjkh

Registered Users (C)
Hi every body I need some help over here. Please advise me what to do.

I entered the US since 2001 on a student visa, I applied for the asylum after I got here. My asylum got approve in 2004. Now I live here as an asylee which I've already applied for my GC since 2005 and I still waiting for the interview.
I met my girlfriend in 2005 which she was an international student under F1 visa. she went to school for one semester in 2005 and then she quits since then. We stay together even since.

My question is if I got maried with her now will she get any immigation benifit from my asylee status? IF I can't do any now will it be a problem to wait until I got my GC and become a US citizen since she is out of status?

Please help me. I am worried about the deportation of my girlfrien since she is stay here illigally.
 
Because you will marry her after your grant of asylee status she cannot gain any derivative benefit.

YOU personally will not have any trouble gaining your GC or citizenship if you marry a visa overstay. However, your future wife will be unable to obtain any status until you become a citizen and you guys can file an I-130 and I-485 together.

BTW, why haven't you filed for a greencard yet? You only need to wait 1 year after a final grant of asylum to file the GC application.
 
What is mandamus case. It's almost 3 years now since I applied my GC. I have no idear why it takes so long. I try to call USCIS they keep telling me to wait for another 6 months and after 6 months I call again they still tell me to wait another 6 months. I don't know what to do now. Anybody have any idear. Please let me know.
 
Mandamus is a lawsuit against the government arguing that the government is required by law to take a certain type of action or decision. In your situation, you would file an mandamus lawsuit in the federal district court nearest to where you are living against the USCIS, DHS, FBI, CIA and Attorney General, and argue that they are required to do the background checks on your application and make a decision within a reasonable period of time and that 3+ years is unreasonable. Although it various by district, most people, but not all, are granted a greencard within a few months of filing the mandamus lawsuit. Some people have done mandamus suits on their own, but most use an attorney with experience doing those kinds of actions.
 
I try to e-mail to USCIS. They told me that my case is under security check. and I don't know what is security check mean? Do you know what it mean?
 
I also have another question, please help me if you know the answer.

My dad file I-130 for me (while I live as an asylee) since Nov 2002 and it got approved since May 2005. My dad become a USC in 2007 and I call to update his status with NVC already, do anybody know when can my dad file I-485 for me to adjust status? Please give me some idea because as I check the visa priority date it said Jul 02 which my priority date is Nov 02.
 
rickyjkh said:
I try to e-mail to USCIS. They told me that my case is under security check. and I don't know what is security check mean? Do you know what it mean?
Click to expand...

Security check is basically a background check to see if you are a criminal or terrorist.
 
rickyjkh said:
My dad file I-130 for me (while I live as an asylee) since Nov 2002 and it got approved since May 2005. My dad become a USC in 2007 and I call to update his status with NVC already, do anybody know when can my dad file I-485 for me to adjust status?
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You haven't already filed an adjustment of status as an asylee? Another I-485 is going to cost more than $1000.
 
I've already file one of I-485 base on my asylee status, however I haven't file I-485 base on my I-130 yet? I don't know when should I file this because I am still waiting for my visa to become available. will it be the problem if you file I-485 twice base on different case?
 
rickyjkh said:
I've already file one of I-485 base on my asylee status, however I haven't file I-485 base on my I-130 yet? I don't know when should I file this because I am still waiting for my visa to become available. will it be the problem if you file I-485 twice base on different case?
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You can file a second I-485, but it can cause mixups, and they are likely to ask you to cancel one of them once they realize you have two active.

But why do you want to bother with a second I-485 anyway? Are you worried that your existing one will be denied?
 
What is FB3? Do you think it will work for my wife to become derivative beneficiary? How long will it take to process this because my dad is USC now. My gf DL will expired next year do you think she can extense it sicne she doesn't have SSN? What happen if you got the traffic violation in the meantime? will she face deportation? Thank you for your answer everybody.
 
But why do you want to bother with a second I-485 anyway? Are you worried that your existing one will be denied?
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I worried about myI-485 base on my asylee take more time than I expected.
 
Forget about the derivative beneficiary route. Derivative beneficiaries who are in the U.S. must still meet all the regulatory requirements for adjustment. Because she will be out of status she will be unable to adjust status as a FB3 derivative. No, the only realistic way the wife is going to get status at this point is to wait until the OP becomes a citizen or if there is a legalization (amnesty) law passed in the future.
 
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