Need help on 485!!! (qualify? separately or no way?)

C

Chris Jones

Registered Users (C)
Hey there,
Need your help on file 485.
I got my asylum status in July 2004. I am preparing to file I-485 by myself. There are a couple of questions needs your advice. Thanks in advance!

1) Can I add my wife in my I-485?
She is not included in my original asylum form. At that time she was F-1 student at US. I filed a I-730 for her in the Feb 2004. According the process schedule, that form maybe gets approved around June 2005. Since I already stay at US for one whole year as asylee, I will file my I-485 soon. Can I add her in my 485 form instead of let her wait another one and half year to file her own 485?

2) What is the problem if my wife lost her legal status?
My wife right now in her one year OPT time, but it will expire on the July 2005. It is hard for her to get H-1B after OPT. If her I-730 not approved in time, she will lost her F-1 status. Can she still stay at US waiting for her asylum I-94 card after her out of F-1 status? If she must leave US to wait her I-94, is that will take more time for her to get interview by consult? If she stay at US out of status and after that she get her asylum I-94, when she apply her own I-485, is there any problem about that?

3) Go back to School?
I know, my wife can go back to school for keep her F-1 status. Is that worth it for her to do that way? How fast for her to get another I-20 if she apply another school? Does she need go out of US to get F-1 status? Can she stay at US to extend her F-1 status, or to get another F-1 status?


Sorry for asking lots of question here, I DO need help from here.

Thank you all!!!
 
Chris Jones said:
It seems nobody answer my question.

WU,WU, WUUUUUU :(
Click to expand...

She has to wait for the I-730 approval and then spend one year in asylum status before she can file her I-485 case.

Because she will be applying for adjustment as an asylee, having been out of status is not a problem.
 
Chris Jones -

When are you planning on filing your I-485? Your note was not clear on that. As Gilbert mentions, you need to be in the US as an asylee for one year before you can file.. So in your case, you are eligible to file on or after July 2005.
 
Thank you, Gilbert.
One more question about I-730.
After my wife get her I-730 approved, can she get a new I-94 from USCIS? or only get a approved letter from them?
I have read some posts in this fourm, seems people out of US, but got I-730 approved, need to arrange a interview with DHS officer. What will happen if that person live in the US, like my wife's case?

Thanks again, hope get your response soon.

Chris
 
Thank LaolaLi for your reply.
In my case, I already stay at US as an asulee for more than one year. I am going to file my I-485 soon.

I check USCIS website recently, it will take more than ten years for them to process my application. That will be a long long way to go. Is there some way can let us, asylees, to accelerate this process. 10,000 limitation is a backlog, What else? Why refugees don't account on this limitation?

Thanks,

Chris
 
Chris Jones said:
Thank LaolaLi for your reply.
In my case, I already stay at US as an asulee for more than one year. I am going to file my I-485 soon.

I check USCIS website recently, it will take more than ten years for them to process my application. That will be a long long way to go. Is there some way can let us, asylees, to accelerate this process. 10,000 limitation is a backlog, What else? Why refugees don't account on this limitation?

Thanks,

Chris
Click to expand...


If you "got my asylum status in July 2004," how could you "already stay at US as an asulee for more than one year?"
 
Chris Jones

That is the most unfortunate thing that only 10,000 visa are issued to asylees adjusting status yet refugees have no visa limitation.The only difference between asylees and refugees is refugees obtain their status while outside the US yet asylees obtain refugee status while in any country other than thier home country.To me It just doesn`t make sense at all.
 
Last edited by a moderator:
Sorry Thankful,
I type a wrong year on my first post.
It is July 2003. Last year. So it is already 13.5 months past.
 
RE:One more question about I-730

Chris Jones said:
After my wife get her I-730 approved, can she get a new I-94 from USCIS? or only get a approved letter from them?
I have read some posts in this fourm, seems people out of US, but got I-730 approved, need to arrange a interview with DHS officer. What will happen if that person live in the US, like my wife's case?
Chris
Click to expand...


Chris,
Your wife should stay in US and wait for her I-730 to get approved.
When she gets it approved, you will receive an approval letter from INS saying that your I-730, Refugee/Asylee Relative Petition was approved and your wife now has a derivative asylum status.
She won’t get a I-94 from USCIS. If she needs one, she will have to file I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document for herself, with the copy of her new status approval letter and the applicable fee. INS will issue her a brand new I-94 with the “asylum status granted” stamp.
 
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