Question about Asylee/Refugee Spouse Seperation.

[nasrmobin]

As far as some of you guys know, I have married after I granted my status, and I got denial for my I-730, and no greencard yet, and even I had it I would not have any solution with GC.
Does anyone else know about other way to bring my wife here. By the way I tried Studet visa as well, .

Has anyone have the same situation as I have right now?
Help plz

Regards,

Nas

 

[thankful]

Maybe an H1B??

You are in a hard situation and that situations is duplicated thousands of times over.

 

[nasrmobin]

Thanks for respond,
Is the H1B a non-immigrant visa? Two weeks ago I called a lawyer and asked him what my options are? and he said probably H1B and he said I have to find a job(me) for her and do all the stuff and then, I have to go to him and he finish it,
I don't know, this people are just sitting over there to not helping you and charge you for nothing.
-anyone knows any good lawyer in San Diego area or CA, I may contact some one else.
Thank you

 

[floyd]

As far as some of you guys know, I have married after I granted my status, and I got denial for my I-730, and no greencard yet, and even I had it I would not have any solution with GC.
Does anyone else know about other way to bring my wife here. By the way I tried Studet visa as well, .

Has anyone have the same situation as I have right now?
Help plz

Regards,

Nas

Getting a H1B job for your wife (or yourself) will be hard because you have to find an employer who will sponsor.

Why was the student visa denied? It is still probably the easiest visa to get. Was it because the spouse (you) live in the USA?

Another option is a student visa to Canada, where you can easily visit with RTD. After 1 year in Canada, she can probably easily get a US student visa and transfer to a school here.

Canada is still far away, but will be much closer than your home country.

Good luck.

Floyd

 

[nasrmobin]

Thanks Floyd,

I have been searching for Canada for a while and I am looking forward to get PR in Canada for my wife, we have found good lawyers where she lives, and afew months later she will finish her studying and then she can apply for that,

Reason she could not get Student visa was exactly what you have mentioned. because your husband (me) resides in US and since one of the requierments to get Non-Immigrant visa is to prove that you will back to your country, but since I am here indefenetly so they denied her.

if you ever had more opinion please post it here, anything will be helpful.

Thanks a lot for your attention.

 

[floyd]

Thanks Floyd,

I have been searching for Canada for a while and I am looking forward to get PR in Canada for my wife, we have found good lawyers where she lives, and afew months later she will finish her studying and then she can apply for that,

Reason she could not get Student visa was exactly what you have mentioned. because your husband (me) resides in US and since one of the requierments to get Non-Immigrant visa is to prove that you will back to your country, but since I am here indefenetly so they denied her.

if you ever had more opinion please post it here, anything will be helpful.

Thanks a lot for your attention.

Nasr:
If she is applying for PR to Canada it will take 1+ year, but she definitely doesnt need a lawyer for that (who will charge a lot of money for something that the 2 of you can do).

Has she done the point calculation to see if she meets the minimum requirement?

I would recommend applying to graduate school in Canada paralelly; she can be there in 3 months.

Floyd

 

[wantmygcnow]

Thanks Floyd,

I have been searching for Canada for a while and I am looking forward to get PR in Canada for my wife, we have found good lawyers where she lives, and afew months later she will finish her studying and then she can apply for that,

Reason she could not get Student visa was exactly what you have mentioned. because your husband (me) resides in US and since one of the requierments to get Non-Immigrant visa is to prove that you will back to your country, but since I am here indefenetly so they denied her.

if you ever had more opinion please post it here, anything will be helpful.

Thanks a lot for your attention.

Nasrmobin, I feel for you my friend. I feel really really bad. One of my friends is in the same dilemma and he has a gc and 3 years to go for his U.S Citizenship. He tried the Canadian PR but she got denied because she mentioned that her husband is a US PR and she wants to be with him. They asked her if her husband plans to move to canada once she is a PR and she couldnt' convince them of it.

You are going to be a PR soon so there is a law that makes the spouse of PR in the U.S in 6 months..Here is the website:

www.unitefamilies.org

You can also sign the petition as being sent to congress, I suggest everyone on this board to send this to help our friend nasrmobin

http://www.petitiononline.com/unitefam/petition-sign.html?

 

[munaakarim]

plz help

hi,i read your thread and the situation is just like mine ma husband is in usa am in kenya,he file 1485 in year 2000 but not yet approved which way should he do to take me to usa,plz i need your help as per your researches,thanks

 

[cadel]

hi,i read your thread and the situation is just like mine ma husband is in usa am in kenya,he file 1485 in year 2000 but not yet approved which way should he do to take me to usa,plz i need your help as per your researches,thanks

There is no way your husband can help you at this stage.Even if he gets Green card,it 's gonna take time to get your petition approved.The only thing you can do is go to the US embassy and apply for a visitor visa.

 

[LolaLi]

Clarification

OK - again I am seeing that folks are confusing the approval of the I-130 with the reason why spouse of PRs cannot come to the USA. This is incorrect! It isn't the fact that the I-130 is pending, but rather the fact that the % of the 480K visas available annunally for immediate relatives of PRs isn't meeting the demand. This is what takes up to 5 years - not necessarily the approval of the I-130. Please do not confuse the two issues. Once the I-130 is approved, CIS no longer has jurisdiction over the handling of the case. The approval file is forwarded to the National Visa Benefits Center where it awaits the visa availability. Once the visa number is available and the individual submits an I-485, CIS (including consular agents) steps in again to begin the adjudication of the I-485.

I personally know several individuals who have had their petitions (I-130s) approved but cannot adjust their spouses/children because their visa priority date is not current. In other words, there isn't a visa number available for them at this time. Incidentally, these individuals have had their I-130s approved in under 2 years. Yes this isn't a typo - 2 years!

Currently, the State Department is working on PR immediate family petitions approved on or before Jan.15, 2002 [Category 2A]

http://travel.state.gov/visa/frvi/bulletin/bulletin_2757.html

 

[nasrmobin]

Thank you all for the very understandable answers. I really apreciate all you concern. I can come the conclusion that, Canada propbably is the best choice for time being, because US government dont not care about thier immigrants.

I-130 is like a dream for many people, because waiting five years to get the visa it is just stupid for someone who is living here permanently.

If the situation remains the same way it is right now, in three years my wife will be here, but we have been seperated for a long time and it is really hard. I need a way to get her here earlier.

Again if any body had any website about Canada (Student or PR) please send it over here, Thank you all and have a great day.

Nas

 

[LolaLi]

Again if any body had any website about Canada (Student or PR) please send it over here, Thank you all and have a great day.

Nas

Nasrmobin - you can find the information you are looking for at http://www.cic.gc.ca/english/immigrate/index.html

Please take a look at this category --> Skilled Worker Class Immigration:
Canada values the skills and experiences that foreign professionals and workers bring with them. Check to see if your skills and experience qualify you to come to Canada as a skilled worker.

I am quite familiar with the process as I have helped several people with the application. Please feel free to ask me any question you might have. There is also an online self-assessment which will give you a clear idea of whether or not your spouse is qualified. The current pass mark is set at 67 points. Who knows what will happen if the Conservatives win the elections this coming January. Let's keep our fingers crossed - as they are against immigration and might hike the pass mark back up to the original 75 points - making it harder for people to qualify.

 

[nasrmobin]

Thank you LOLALI, this is very helpful, I Have checked out part of it and I think after she finishes her school in 4 or 5 months we can apply, because she has experienced the job and also english, I am reading the whole thing in details,

Thanks a lot for your help,
By the way what is going to happen to me if she get it? Will I be included her application or not?

Thank you

Regards,

Nas

 

[munaakarim]

visitors visa

There is no way your husband can help you at this stage.Even if he gets Green card,it 's gonna take time to get your petition approved.The only thing you can do is go to the US embassy and apply for a visitor visa.

I try visitor visa in year 2004 but they refused to give me the visa,any way to do toget the visa,thanks

 

[munaakarim]

Hi Nas,your Problem Is Just Like Mine,where Is Wife Country?

 

[cadel]

I try visitor visa in year 2004 but they refused to give me the visa,any way to do toget the visa,thanks

Keep trying.You will get it one day.Visa involves experience matter.It's about what you give as answers to questions asked to you by a consular officer.It's also about what you provide as supporting document.Keep working on where you failed in 2004 then you can do better or get lucky next time.It's like when you take a test.You fail a test today,don't drop.Go back to work and take it again untill you pass.I advice you a visitor visa.Student visa is no longer easy since 9-11.Also,US officials know that for financial reasons,75% of students visa holders don't attend schools once they arrive.This make the situation harder.
Good luck.

RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005

 

[nasrmobin]

Hi Nas,your Problem Is Just Like Mine,where Is Wife Country?

Dear Muna:
habari gani,
my wife is studying african language at her school. she is from Iran and we have been married for 1 year and a half, and I dont have any clear veiw from future.
From you other Thread which you asked for Student Visa, I have to say, that was the first thing that we did, I got her I-20 from one of the US's schools and then we made an appointment and in her interview, embassador told her that since her husband(me) resides in the United States, she can not apply for any non-immigrant visa. Because the first requierment for Non-immigrant visa is to proove that you will back to your home country after you are done. but since you have your closest family member which is your husband in the US, they wont give you any non-immigrant visas like Student Visa, Tourist VIsa and etc.

For Refugee part of the question.
I dont know what country is your husband from, but the most of the refugees in the unitd States are from Africa. So it is very hard to get refugee status over there, but if you have a big problem, really hard situation, either you can claim your problem to UNHCR ( United Nations High Commissioner for Refugees) or United States embassy located in Kenya. You have to have a lot of support documents to proove that you are eligible for status. you have to find that part by researching, becasue I dont know anything about their rules, but usually you have to move to another country and say I had probelm in my country, so it will be really hard.
I have tried that one for my wife, poor lady was in turkey for 1 year and never got any answer back, because of the huge amount of people applying for refugee. and at the end she went back home eventhough she has probelm but her probelms in turkey was alot more that Iran right now so I dont really recommand that.

And then, we get to other ways that you can get here, good one right now is Canada, if you are eligibale, if not you should try to make yourself eligible becasue it is worthed because who knows what will be happen in the united states in the future. You may be able to get work visa which is really hard to get right now because of the limited number of visa per year ( for United States) but still you can search for that as well.
In my situation is a little bit easier from my point of view, because I am eligible for Citizeship in two years and I think worse come to worse we will stay little longer, but you should do something for your life, becasue it wont get straight-up if you dont do anything for it.
Please tell me if I can help. and feel free to ask any questions.

Regards,

Nas

 

[peguin12]

Did your husband put your name in the initial application? He had 1year after approval to file paparwork to bring you here. Do you know if he filed this paperwork I-130? If he didn't, why?
My brother inlaw got asylum approved in 2003- He filled the paperwork I-130 for his wife and child in 2004 and on Octomber 2005 his wife and daughter got their final paperwork to join him here from the home country American embassy.

 

[cadel]

Did your husband put your name in the initial application? He had 1year after approval to file paparwork to bring you here. Do you know if he filed this paperwork I-130? If he didn't, why?
My brother inlaw got asylum approved in 2003- He filled the paperwork I-130 for his wife and child in 2004 and on Octomber 2005 his wife and daughter got their final paperwork to join him here from the home country American embassy.

It's not I-130.Petition for asylee/Refugee is I-730 and uscis allows you to petition your dependents you didn't claim intially by using this form.You have up to 2 years from the date you have been granted asylum to petion you spouse and childreen.

RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005

 

[peguin12]

Thanks Cadel for correcting me.