Spouse I-130 Approved/also Asylee Status

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sawaal13

Registered Users (C)
I need some help with my spouse case

My spouse has an asylee status(asylee derivative) and she just finished her biometrics recently.
I, a LPR had filed her I-130 in August 2002 and it has been approved as of July 2005.

We are waiting for her priority date so that she can file for 485 and get the greencard through her spouse's case in case she wants to travel to her home country without any issues.

Currently the visa bulletin shows that they are issuing visa numbers for Nov 2001 and our priority date I believe is aug 2002. Also shown based on previous data that they are moving and colvering 2 months in one month.

I do not want her to become illegal if we drop her asylee case.
What should be the best approach so that she can get greencard through her spouse and not getting illegal at the same time.
Her health medical papers are due in november.

thanks
 
Hello!
Recently, the 10K gap for asylum adjustees was lifted, which means your wife might get her GC through an asylum faster, then waiting for the priority day based on marriage to LPR. Did she file her I-485 based on status yet? What is her RD? Was she a derivative or a principal?
However, if she prefers to get GC based on marriage rather then asylum, then do not worry about her status – once asylum status is granted it is not revocable that easily.
Even if she withdrew her initial I-485 application she won’t become illegal and can work and travel (except back home) based on her status like she is now.
The best advice is not to “drop the asylum case” just yet. Wait till she is eligible to file another I-485 based on marriage, file it and then withdraw the first one.
I am in a same boat actually and be happy to answer more questions for you and your wife if you have any.
Jane
 
I-130 Approved/also Asylee Status

Currently the priorty date for visa 2z category is Nov 2001 and our priority date is Aug 2002 and they are going ahead 2 months in a month. I should hear from them in the next 5-6 months and then she can file for her 485 advance parole as well as work permit

Would that work

I am also eligible to start my citizenship in Oct and by today's date it might be till may or june till I become a citizena

Correct?
 
sawaal13 said:
Currently the priorty date for visa 2z category is Nov 2001 and our priority date is Aug 2002 and they are going ahead 2 months in a month. I should hear from them in the next 5-6 months and then she can file for her 485 advance parole as well as work permit

Would that work

I am also eligible to start my citizenship in Oct and by today's date it might be till may or june till I become a citizena

Correct?
Click to expand...

Why your wife wants to file for an advance parole? She is eligible for a Refugee Travel Document based on her status. Same I-131 application, same fees, but different document. And she can use it right now instead of waiting to file in a marriage category.
If your wife was ever in US illegally, then even with approved advanced parole she might have problems at the POE and might get banned for entry (3 or 10 years depends on her overstay), but with RTD it’s not an issue.
I used to be illegal for over 3 years before the status. Since I married US citizen in 2004, I traveled abroad twice with RTD, both times to visit my family back home. I can’t even dare to think to file for AP, because I know am I ineligible (plus my national passport expired long time ago).
Travel Passport is the best options for assylees. I don’t understand why you won’t use it.

Oh, and one more thing. She doesn’t need any work permits. She is eligible to work based on her status right now. And she is illegible to get her SS card replaced with the unrestricted one, the one without “valid only with employment authorization”. This change went in effect back in 2002.
Why and what are you waiting for? :confused:

Here is more information for your wife:
SS : http://www.ssa.gov/immigration/documents.htm
EAD: http://www.immigrationportal.com/attachment.php?attachmentid=12620
 
could you please tell me ,Which service center you applied your I-130 at?
The reason I'm asking this is I applied for my spouse's I-130 in Apr 2002 at Nebraska service center. However I relocated and now comes under Texas service center. I infromed INS abt this move ,but they neither transferred my case to Texas service center, nor I got an approval notice.
I don't know what's going on?
Thanks

sawaal13 said:
I need some help with my spouse case

My spouse has an asylee status(asylee derivative) and she just finished her biometrics recently.
I, a LPR had filed her I-130 in August 2002 and it has been approved as of July 2005.

We are waiting for her priority date so that she can file for 485 and get the greencard through her spouse's case in case she wants to travel to her home country without any issues.

Currently the visa bulletin shows that they are issuing visa numbers for Nov 2001 and our priority date I believe is aug 2002. Also shown based on previous data that they are moving and colvering 2 months in one month.

I do not want her to become illegal if we drop her asylee case.
What should be the best approach so that she can get greencard through her spouse and not getting illegal at the same time.
Her health medical papers are due in november.

thanks
Click to expand...
 
you do not have to "drop" your asylee status to file another I-485, as far as I understand. You can file another adjustment application while keeping your asylum status.

But you do have to examine if you need any waivers (b/c of visa overstays, illegal stays or use of false documents). It is hard to get waivers for a spousal application.
 
I know that she is allowed to work. But I want to know is that her medical examination submission date is nov 10 and after that she will receive her greencard through her asylee case. But Since there is still time for me to apply her 485(awaiting visa number), once her green card gets approved through her asylee case, then there will be no point in applying for GC from my case. The trouble will come when she has to travel to her home country which she would like to go in cases of emergencies.

The refugee travel document does not work for the home country!
 
sawaal13 said:
The trouble will come when she has to travel to her home country which she would like to go in cases of emergencies.

The refugee travel document does not work for the home country!
Click to expand...

I worked for me twice and both times I was admitted back to US with RTD after visiting my home country. It all depends if your wife is a derivative, or the principal applicant. I asked you this, you didn’t reply. So, I’m guessing she filed for an asylum on her own.
In this case she cannot go back before GC, but after – sure, if she can prove it was an emergency.
Here is a link to a discussion you might find interesting: http://www.immigrationportal.com/showthread.php?t=190627&highlight=home
 
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