My Experience - spouse stuck in COP - Not anymore

S

Singh6

Registered Users (C)
I-730 for my spouse was approved but US Consulate at my COP did not issue her visa for the reasons best known to interviewing officer. My spouse got visa of a neighboring country and 'joined me over here after crossing border. I then applied for her EAD on the basis of approved I-730 ... she received her work permit.... I met few attornys but most of them said that this EAD was issued in error and I must file for asylum.... In the mean time my spouse got her SS Card and US Drivers liscence on the basis of EAD.....Well! I then visited asylum office and they said that if her I-730 is approved and she has received all these documents then there is no need to go ahead with individual asylum since she already has derivative asylum status in system (means she was issued an A# with derivative asylee status).... They adived to me to go to local USCIS office to get I-94... well ! we went there and my spouse received her I-94 as well..... Now she is ready to apply for I-485

One of my friend had a similar issue and he did exactly what my spouse did.... his spouse is all setteled now ....

... I hope this info will help the people whose spouses are stuck in COPs even after I-730 approvals... only because those were intervied by US consulate contract employes from our COPs
________________
Asylum Granted: 09/99
I485 RD/ND: 01/01 - 02/01
FP: 04/04
RFI Recieved/Sent: 07/05
Biometric Done: 08/05
FP: 08/05
RFE: 11/05 - Original NPs, Original RTDs, Origional I-94s, proof of one year residence
RFE sent: 01/06
 
I am happy for you and I hope that you guys will have a great life together here.
My situation is diffrent becasue got married after gain my status, and furtunatly there is no American Consular in my country.

Enjoy your life,

regards,

Nas
 
That EAD was correctly issued because there is nothing in the law that prevents someone from acquiring derivative asylum status on the basis of his manner of entry. It is possible that they will ask for a waiver application from your wife (I-602) when she applies for her green card.

What kind of reason did they give for not issuing the visa?
 
Reason

US Consulate in New Delhi has hired some local Indian officers to interview I-730 beneficiaries... and most of them has only one target ... to make money by harassing these derivative asylee applicants...... US Government has even arrested one guy named 'Kashyap' (They called him to US to attend some further training and arrested him on arrival at Dallas Airport).... My wife went through similar harassment... she was told that her date of marriage is not correct ...... that her marriage with me was very recent... IO wrote that my wife has verbally confessed some different date of marriage.....and when she resisted then they sent her petition back for denial.... it was even denied.... I challenged their decision and fianally won.....

She was able to join me and get her EAD/SS card/Drivers License etc before this denial .... and got her I-94 after re-approval.

________________
Asylum Granted: 09/99
I485 RD/ND: 01/01 - 02/01
FP: 04/04
RFI Recieved/Sent: 07/05
Biometric Done: 08/05
FP: 08/05
RFE: 11/05 - Original NPs, Original RTDs, Origional I-94s, proof of one year residence
RFE sent: 01/06
 
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