Filing i-130 and i-485 while spouse has pending asylum.

[Cctt 0]

I need help as I am completely lost.

My husband came in the US on a tourist visa then he filed for asylum before we meant, and he was granted a work permit while waiting on his case. 

Now, we 're married, i'm a us citizen and I' m in the process of filing the i-130 and i-485 For him. Now, is that something I'm able to do? Do I need a lawyer? Can someone tell me the whole process if they have been through that.

 

Also on form i-765. Do i put renewal of his work permit or request for a work permit

On form i-130, has the beneficiary filed a petition before? Do I say yes (because he filed for asylum) or no

What would be his immigration status currently? As we 're not sure.

 

 

Please if anyone has an answer, i'm so worried.

Edited March 28, 2017 by Cctt

[Transborderwife 4,666]

No lawyer necessary.  I would just apply AOS providing he entered legally 

[antoineD 36]

14 minutes ago, Cctt said:

I need help as I am completely lost.

My husband came in the US on a tourist visa then he filed for asylum before we meant, and he was granted a work permit while waiting on his case. 

Now, we 're married, i'm a us citizen and I' m in the process of filing the i-130 and i-485 For him. Now, is that something I'm able to do? Do I need a lawyer? Can someone tell me the whole process if they have been through that.

 

Also on form i-765. Do i put renewal of his work permit or request for a work permit

On form i-130, has the beneficiary filed a petition before? Do I say yes (because he filed for asylum) or no

What would be his immigration status currently? As we 're not sure.

 

 

Please if anyone has an answer, i'm so worried.

 

Hey there, I'm in the same position as your husband.

 

You don't need to do anything differently than other AOS applicants as long as your husband came in legally and didn't overstay his visa. 

 

He hasn't filed a petition for a Green Card by filing for asylum. He may have filed for a Green Card differently, I don't know about that - you have to ask him. Filing for asylum, or for the diversity lottery, don't count.

 

For 765, it's a new permit, technically. If you apply for 765 on different grounds, you're not renewing the previous one.

[Transborderwife 4,666]

2 minutes ago, antoineD said:

 

Hey there, I'm in the same position as your husband.

 

You don't need to do anything differently than other AOS applicants as long as your husband came in legally and didn't overstay his visa. 

 

He hasn't filed a petition for a Green Card by filing for asylum. He may have filed for a Green Card differently, I don't know about that - you have to ask him. Filing for asylum, or for the diversity lottery, don't count.

 

For 765, it's a new permit, technically. If you apply for 765 on different grounds, you're not renewing the previous one.

Even if I. Overstay it's the same

[f f 725]

having filed for asylum then meeting a usc and getting married will raise red flags since it can appear they are willing to do anything to remain in the us. be prepared for it.

[antoineD 36]

1 hour ago, Transborderwife said:

Even if I. Overstay it's the same

Yeah you're right:

 

• Quote

  Immediate relatives of U.S. citizens, namely their spouses, parents, and unmarried minor children (under age 21). Immediate relatives may adjust status even with an expired visa – but not if they entered the United States illegally, without a visa or other authorized form of entry.

  http://www.alllaw.com/articles/nolo/us-immigration/apply-for-green-card-on-expired-visa.html