Question on abandoned/ divorced wife on asylum

S

shankargb

New Member
This query is for someone, whom I care. The woman has done her masters degree and married to an angry, Muslim political journalist in 2015. After some threatening scenario in their native country, the couple arrived in USA in 2016 and applied for asylum in due course by end of 2017. They received confirmation and EAD also. So far no interview has been scheduled since they moved from state to state. The husband guy is unemployed and full of anger. He has been abusive of his wife. One fine evening, he had simply deserted his wife and vanished. It appears that he gave her verbal divorce orally as per their religious custom, before vanishing. The poor woman is doing odd jobs and surviving on her own. Since she does not have enough money to survive on her own, she has moved to stay as a roommate/ paying guest in a larger home. She does not have all the original receipts but only photocopies.

My queries are as follows: (1) Since she does not have formal divorce documents, should she need to apply for divorce from the local state court before filing asylum application again on her own. (2) Can she file asylum application simultaneously while divorce is pending in local state court?
(3) She is not keen to get married to anyone at this stage. She has EAD thru asylum. With her qualifications, she can get a job and can apply for PERM labor with her skill set. Will she be able to get GC thru EB3 ROW, instead of asylum? Which one is better option?
 
Practical option:

1. Hold off on the divorce. There are no benefits of getting divorced officially today or next year, as you say, she has no plans of getting married. Does she have a formal marriage certificate? You can get divorced here even if you were married abroad. However, there should be a formal marriage document indicating that. Holding off divorcing is critical if she is a dependent on the asylum application.
2. She should continue moving forward with the current case. She has already waited long enough, submitting a new application could cause further delays. The validity of the asylum claim doesn't change just because they are separated....could if she is a dependent.
3. If she has a masters, she should find work using that or the asylum EAD. There is no need to cancel the other. I assume she has an international Masters (not obtained here)...if she has experience, companies will sponsor her, but it is always tough. While there are risks, moving forward with the asylum process is a better option. The processes can run parallel, just depends which happens first. She can apply for a gc with either process, provided she is eligible.
4. A word of caution. It is always advisable to limit relocations while your asylum case is pending. Scheduling for cases, esp. interviews, becomes delayed if you keep moving states. Getting into the asylum process means that you have to do all you can from your side to prevent delays...one sure way for you to introduce delays is to continue moving states.
5. She can go and find details about the case at the local USCIS office where she is by scheduling an infopass. They can provide her with all the current details of the case, as long as brings identification.

Good luck to her!
 
Thanks for your response.
1. She came as dependent in the asylum case. The principal asylum applicant has vanished and his whereabouts are not known. The abandoned guy may have moved to another state and may even have married a US citizen. Or he might have gone back to his country, since he was frustrated with USA. She received her passport after marriage, where in her last name has been mentioned as her husband's name. She has valid document to show that she has been married to the abandoned guy. She is not sure how she can marry another person when her divorce is not formally approved or recognized legally by the state. Hence she says she is not keen on immediate marriage, which may change. As of now, she is in relationship with another woman.
2. She has been waiting for the last 2 years on the asylum application. Some Pro Bono attorney advised her to file asylum application on her own right away, while filing for divorce simultaneously. The Pro Bono attorney also advised that filing soon or simultaneously will help her to retain the original date.
3. She has international masters degree and don't have much experience. She is trying to learn some technical skills, which may help her to get into a job.
4. She has decided not to relocate or move anymore from the present city.
5. She has found all the details of the case using receipt number and online.

Any advice on points 1 & 2?
 
Last edited:
1. I think that if she was a dependent in the case above, then she can't move forward with that case. Best she submits a new case, in which she is the principal applicant. She and her lawyers will have to decide how to frame their case, esp. if the husband has gone back to Iran.
2. The pro bono lawyer is correct. I think that is the best strategy. New cases are decided super fast these days, so she might get resolution very quickly.
 
You must log in or register to reply here.
Top