LPR spouse green card question

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bunnyhoney

Registered Users (C)
Hello Everyone,

I am new here.. and learned a lot from this forum.

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 wasnt married when he was granted the asylum status. when my opt expired, I stayed in the states, 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. So we filed 485 and had interview. Now the immigration office asks me to prove my legal immigration status, 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. :confused:
 
Your lawyer is a classic example of idiots who graduate from law school and feed at the bottom of the law profession. You had no business in filing for I-485, you are out of status, your spouse is NOT a US citizen, which means you would have to wait till your visa becomes current, but you need a lawful status to adjust from your unlawful status to a green card.

The waiver he's asking you to file won't be free, it is very expensive and there are lawyers who specializes in such waivers. Do you know what this waiver is for? Hardship.... It is clear from your post he only specialize in one thing, cashing your check while feeding you crappy information. What you needed to do, wait till your spouse became a US citizen. When did he obtain his green card? How far till he becomes a US citizen? His citizenship is your only saving grace to adjust from your unlawful status to a lawful one. In terms of your lawyer, ditch him and send him a skunk to blow him with a foul odor....:(
 
LOL, I 'd going to hunt for a skunk now!!! Thank you for your advise. My spouse got his greencard in Dec 2007 and on the GC his resident date is since Dec 2006. So I think he should be able to apply citizenship soon. Well for the hardship, I dont know what other hardship we have but the only place we can go if we leave the states in our home country where he was politically persecuted. Maybe move to other countries but wherever we go, we need to get a visa from that country's consul in our home country? and he has his business in the states blah blah.

Oh yeah the 601 is damn expensive! And also this lawyer told me I should apply asylum too. I am not asylum, I wasnt politically persecuted in my home country just if I go back now, I will be in jail because of the spouse. so seems the lawyer wants more than 1 skunk...=(
 
bunnyhoney said:
LOL, I 'd going to hunt for a skunk now!!! Thank you for your advise. My spouse got his greencard in Dec 2007 and on the GC his resident date is since Dec 2006. So I think he should be able to apply citizenship soon. Well for the hardship, I dont know what other hardship we have but the only place we can go if we leave the states in our home country where he was politically persecuted. Maybe move to other countries but wherever we go, we need to get a visa from that country's consul in our home country? and he has his business in the states blah blah.

Oh yeah the 601 is damn expensive! And also this lawyer told me I should apply asylum too. I am not asylum, I wasnt politically persecuted in my home country just if I go back now, I will be in jail because of the spouse. so seems the lawyer wants more than 1 skunk...=(
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This is what I would suggest, find a 9 inch heel shoes and visit his office towards the end of the day, as soon as he turns his backside towards you, kick him in the backside. This will also be the perfect time to release 2-3 skunks out of your bag and lock his office door behind you. He is a scam artist and you should terminate his contract immediately, advising you apply for asylum, what a nerve...:(

Your husband should be able to apply for his citizenship and gain approval sometimes this year. What is your state, timeline varies by state. For example, I live in Maryland and obtained by citizenship in 105 days from the date of application till I was sworn-in. In the interim, I would withdraw my I-485 and just wait till he is a citizen, and reapply using the approved I-130.

Here are places to look for a skunk....

http://www.skunkhaven.net/

http://exoticpets.about.com/cs/skunks/a/findskunks.htm

:)..........:)
 
Woo!! You made my day! And skunk is exotic pet?? I know ppl have raccoon as pet.. Skunk is surely very exotic. Well guess I don't really want to insult skunk's awesomeness by sending them to this retarded lawyer!!!

We am in MA. Ohh as a cherry on top of the cake, the lawyer told me if I withdrew the 485 now, I will be deported ... ..!! Ok the lawyer is officially deported from my land!

Thank you man!
 
In retrospect, don't withdraw your latest I-485, just leave it there as a dinosaur and USCIS will eventually deny it. The Obama administration has been successful at deporting people, so withdrawing your I-485 could trigger the withdrawing officer to forward your information to ICE and then become susceptible to be raided and deported. Also, no need to expose yourself to this possibility. Your lawyer sucks...
 
meh.. now this is getting even more awesome! The latest letter I got from USCIS was asking me to HAND deliver evidence showin my Legal Immigration Status or other benefit sought within 30 days. Otherwise, withdraw or leave it to the USCIS make the decision. I think I am not going to HAND deliver anything!!!! Th skunk lawyer said if I dont show up giving evidence or if I withdraw the 485, I will be deported, so only way is 601 and asylum. Well, in the other word, only way is paying him. you know what, f it. We are moving to the Mars, I heard good thing about it there. my spouse and me can both be asylee there. =)
 
I am not asylum, I wasnt politically persecuted in my home country just if I go back now, I will be in jail because of the spouse.
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How do you know that? Can you prove that? If you can prove that you will be jailed, that makes it possible for you to claim asylum status for yourself.

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.
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Given your situation, there likely would be a US consulate in another country that would agree to interview you. Of course, you still would need to be able to enter that country, which could be a problem if you need a visa for there.
 
Jackolantern said:
How do you know that? Can you prove that? If you can prove that you will be jailed, that makes it possible for you to claim asylum status for yourself..
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This is the more likely than not situation and similar situation happened to few people with similar situation and they ended up in jail.

But I certainly myself dont think I am asylee. I just cannot go back to the home country, that country never persecuted me when I was there before coming to the states.

Jackolantern said:
Given your situation, there likely would be a US consulate in another country that would agree to interview you. Of course, you still would need to be able to enter that country, which could be a problem if you need a visa for there.
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I know right? how to get a visa to that country without getting it from its consul in my home country?

Basically, I am hanging here . Dont even trust any lawyers anymore.:mad:
Or.. I should dig a hole somewhere and hide myself until the spouse turn to be USC and it sucks!
 
bunnyhoney said:
This is the more likely than not situation and similar situation happened to few people with similar situation and they ended up in jail.

But I certainly myself dont think I am asylee. I just cannot go back to the home country, that country never persecuted me when I was there before coming to the states.
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If you have a credible fear of persecution, and can convince the US government of this, it is possible to get asylum even if you weren't personally persecuted yourself. Members of persecuted groups have been able to obtain asylum even though they weren't personally persecuted. The same goes for individuals who had a credible fear of persecution as a result of their relationship with actually persecuted individuals.

You should be talking to an asylum lawyer now. Of course, don't blindly accept the lawyer's word; if you are skeptical about something they say (like you were skeptical about the I-485 filing), seek a second opinion and/or do your own research.

Or.. I should dig a hole somewhere and hide myself until the spouse turn to be USC and it sucks!
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Digging a hole won't help if they initiate removal proceedings. By failing to show up for the removal hearing, you would doom yourself.
 
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Thank you for the advice!

This is purely awesome situation now. I will take a few free counsels offered by lawyers and see what they say before giving them check!!:rolleyes:
 
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