Asylum vs I-485/I-130

[Lrsafari 0]

Sorry for being anonymous, as not sure how open this question should be... 

 

My wife came here about 1 year ago on tourist visa. No Visa fraud, just to be clear :-) Dated,  fell in love, married about 5 months later, within the period her visa was good.

 

Have prepared all of the paperwork for the change of status, etc. BUT... Things have gotten worse in Russia. Our religion has been under severe threat, some localities essentially banned, and even some in jail for periods of time. Now the government has all but placed the ban, and will most likely fully establish it after the "Supreme" court date in about 2 weeks.

 

So now my wife couldn't even return if she wanted to (she doesn't, as we are very happily married.) This seems like changed from changing status to married to a native US citizen to much more serious.

 

So opinions?

 

File the I-130/I-485 and myriad of other forms and letters that we already have gathered, along with the fee?

 

Or:

 

Submit the much simpler I-589, but seemingly longer (by years).

[geowrian 22,337]

I'd say go with the I-130 + I-485 (along with AP + EAD). Proving.asylum is much more difficult. Filing for AOS would be fairly simple...you just need to fill out the forms and prove a bona fide marriage.

[ConOfficer 167]

She will no longer be unlawfully present as of the date her asylum applicant is filed, so there's that. It sounds like she's overstayed for more than 6 months, thus she would be subject to a three year bar from returning to the US if she departs for whatever reason. 

 

I'm not that familiar with the process of adjusting status in the US, but my understanding is that her overstay will be waived upon approval of the I-130/485. 

[geowrian 22,337]

2 minutes ago, ConOfficer said:

I'm not that familiar with the process of adjusting status in the US, but my understanding is that her overstay will be waived upon approval of the I-130/485. 

Correct. Overstay for the spouse of a USC is ignored for AOS purposes, so it won't be an issue. Legal status will also be obtained by filing for AOS while a decision is pending. The I-130 + I-485 can be concurrent filed here.

[Lrsafari 0]

Thank you for the advice. Will consider what is best. Asylum vs AOS/USC spouse have both plus/minus. Cost of course is one. But what is best for long term and short are also critical.

 

Thank you.

[Unlockable 7,315]

Compared to each other the asylum path has very few, if any, pluses. If she has an option to AOS based on marriage to you then go for it. The asylum path is a very tedious one.

[millefleur 5,047]

I honestly don't even think they'd consider asylum since she's married to you (I'm assuming you're a LPR or a USC). If she's already in the US, go with the AOS path. 

 

Don't bother with the asylum thing. I've even heard that they look down on people who try to frivolously apply for asylum. Not saying that her reasons aren't legit, it's just that USCIS might think it's weird and pointless since she has an option to stay via her US resident/citizen spouse.

[Olivier de Nimes 12]

Hi there,

 

i would tend to think that the asylum path is one you should chose if you have no other one.

So i-130 + i-485 seems the best way.

 

Good luck

[KurosawaSan 52]

Don't look at costs, that is not what should worry you - file the right way, through I-130 and I-485.

[KierenHby 899]

16 hours ago, Lrsafari said:

Thank you for the advice. Will consider what is best. Asylum vs AOS/USC spouse have both plus/minus. Cost of course is one. But what is best for long term and short are also critical.

 

Thank you.

If wife's life\religion at risk, AOS a no-brainer. 

[Lrsafari 0]

Thank you all for the assistance. We are definitely leaning towards the costlier, but known route of 485/130 spouse.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.