Ready to apply for GC based on marriage - Asylee married to US Citizen

[capv29]

Sorry for the double post, but I don't know where is the right place to ask for this particular question. MODs, please feel free to delete/remove if necessary

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I'm a US Citizen and my husband is an asylee. He arrived to US by crossing the Mexico border (EWI). After asylum was granted, he never submitted form I-485 to change his status. We are planning to submit our application package (I-130, I-485, etc) to apply for his green card. I was reviewing the I-130 form and noticed that under Part C -Information about your relative-, question 14 says: "If your relative is currently in the U.S., complete the following: He or she arrived as a:". Your options are "(visitor, student, stowaway, without inspection, etc.)"

What should we answer to this particular question? EWI? or asylee? He submitted his asylum application (I-589) after he entered to US. I read somewhere that if your spouse enter without inspection, application will be denied because she/he won't be able to obtain a legal status while inside the US. Is that statement true?

Your assistance is greatly appreciated,

 

[Immigrant66]

I have a freind who had exact same case.She wrote EWI for the answer everything was okay. It is perfectly understandable why asylee enters without inspection and finally she got her GC a year ago.The only thing was that she needed financial support for I-485 and her and her husband's income was enough for that purpose since they had joint tax return and USCIS accept her income for the supporting herself because she had valid work authorization.so there was no complication on her case at all and nothing else to file.

 

[PraetorianXI]

a person who EWI, can not adjust their status in the USA and are likely subject to a 3/10 year bar... unless grandfathered by 245(i).

So your friends case is not "exactly" the same here.

The Original Poster (OP) needs to consult a qualified immigration attorney.

 

[AzBlk]

It should be much easier for your husband to file i-485 on his own as an asylee /refugee than marriage based adjustment as long as he has been a refugee for more than one year.