Trying a long-shot/ Please advise me

[madala 32]

Hi people,

I already have a feeling that there is no solution to my issue; however I would to share my hope with you and get your advises. Basically my wife was married when she filed for asylum and was latter abandoned by her husband. I met her during that time but we couldn't get married anyway legally because she was still in the divorce process. We were hoping to get married before the approval of her asylum case, unfortunately that didn't happen. We were praying on the daily so that we could get married asap but again...Finally the divorce was done after the approval. Now we would like to send an application so she can sponsor me as husband. We have a kid born before the approval, and I am the only one supporting financially; she lives in my apartment with my son while I am still away. The question is if we send the application with a letter explaining our situation, with all the proof that we have, is there any chance of approval?

[RICARDO4EVA2 194]

She was married to someone else.. And was separated. You happen to meet her and wanted to get married before her immigration status changed to your gain.

You were a partner... A boyfriend.... Now you cannot back track to gain something when you were not married.... you are not elegible to be a greencard because you were not married and a child in the mix says nothing.

You can wait until she becomes a US citizen in a few years to properly sponsor you and a departure would not be necessary.

Best to you.

[madala 32]

Interesting reply!!! I was thinking that maybe asking for something humanitarian can solve it. It's like not I am married to her because I would get something down the road, no. It's because we want to be united; I am still abroad and watching my kid grow over skype is so hard. I understand the situation but one day we will be united. Thank for the reply by the way.

[JimVaPhuong 4,863]

Hi people,

I already have a feeling that there is no solution to my issue; however I would to share my hope with you and get your advises. Basically my wife was married when she filed for asylum and was latter abandoned by her husband. I met her during that time but we couldn't get married anyway legally because she was still in the divorce process. We were hoping to get married before the approval of her asylum case, unfortunately that didn't happen. We were praying on the daily so that we could get married asap but again...Finally the divorce was done after the approval. Now we would like to send an application so she can sponsor me as husband. We have a kid born before the approval, and I am the only one supporting financially; she lives in my apartment with my son while I am still away. The question is if we send the application with a letter explaining our situation, with all the proof that we have, is there any chance of approval?

There are a lot of holes in your story that you need to fill in before we can give you any advice.

Your apartment is in the US, correct? And she's living there, correct? And you are currently outside the US, correct?

What is your current immigration status in the US? Why can't you return to the US?

[RICARDO4EVA2 194]

What is your current immigration status in the US? Why can't you return to the US?

[madala 32]

Sorry for being late here....Ok, let me say this clearly: I was F-1 in the US and when I graduated I had to leave. We were living together in my appartment and she keeps staying there. I am currently outside of the US, precisely in Canada. I have a US Visa and I go there every two or three months for a weekend.

I hope I answered some of your questions.

There are a lot of holes in your story that you need to fill in before we can give you any advice.

Your apartment is in the US, correct? And she's living there, correct? And you are currently outside the US, correct?

What is your current immigration status in the US? Why can't you return to the US?

Hi Ricardo4eva2,

My previous status was F-1. I am currently not living there; however I visit them once a while.

What is your current immigration status in the US? Why can't you return to the US?

[ATPEACE 43]

If your wife now has status as a LPR, why isn't she filing for you as her husband under this status? That would only take a maxium of 4 years. She needs to file a CR1 petition.

[madala 32]

If your wife now has status as a LPR, why isn't she filing for you as her husband under this status? That would only take a maxium of 4 years. She needs to file a CR1 petition.

Basically, her asylum was approved a couple of months ago and she will have her greencard in November. According to INS rules, she can sponsor spouse during the first two years and HE will have LPR also without a long wait period compared to your suggested method.

[ATPEACE 43]

Basically, her asylum was approved a couple of months ago and she will have her greencard in November. According to INS rules, she can sponsor spouse during the first two years and HE will have LPR also without a long wait period compared to your suggested method.

Is this the missing link in your statement, "the spouse must be in the US at the time the petioner is granted asylum" B/c according to your statement she can sponsor you. There is something missing in your explantation.

[madala 32]

Is this the missing link in your statement, "the spouse must be in the US at the time the petioner is granted asylum" B/c according to your statement she can sponsor you. There is something missing in your explantation.

I am here seeking ideas to solve my issues. ATPEACE, I don't mean to be disrespectful however I don't even know what you are talking about.

[ATPEACE 43]

I am here seeking ideas to solve my issues. ATPEACE, I don't mean to be disrespectful however I don't even know what you are talking about.

I WILL SAY THE SAME REGARDING YOUR STATEMENT' NO ONE CAN ANSWER YOUR QUESTION, BECAUSE YOU REFUSED TO TELL WHY YOU CAN'T BE PETITION BY YOUR WIFE. IF SHE IS A LPR, THEN SHE CAN PETITION FOR YOU. END OF STORY....... There is something that you are not explaining. BTW/ I do understand the immigration laws .

So, I have no other advise to offer you.

[Anh map 2,098]

Basically, her asylum was approved a couple of months ago and she will have her greencard in November. According to INS rules, she can sponsor spouse during the first two years and HE will have LPR also without a long wait period compared to your suggested method.

Did you leave something out of this statement? Do the rules state that she CAN or CANNOT sponsor a spouse during the first 2 years?

[madala 32]

Did you leave something out of this statement? Do the rules state that she CAN or CANNOT sponsor a spouse during the first 2 years?

I think I see now what was my mistake. But I am going to paste the whole things: She can sponsor. The section below in bold is where the hurdle is, because we were not legally married before the approval of her case. We spent more than 7 months in order to finalize the previous marriage alone. So the whole thing was just beyond our control. Here is the whole section about it:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3ea83e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=3ea83e4d77d73210VgnVCM100000082ca60aRCRD

If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, you may petition for certain family members to obtain derivative refugee or asylee status. If you have not yet been granted or applied for refugee or asylee status, please see the “Refugees & Asylum” link to the right.

You May Petition for the Following Family Members:

Spouse

Child (unmarried and under 21 when you first applied for asylum or refugee status)

Eligibility Criteria

As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.

You entered the United States as a refugee within the past 2 years or were granted asylum within the past 2 years.

You remain in refugee or asylee status or have become a permanent resident (received a green card). If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States. See the “Family of U.S. Citizens” link to the left for more information.

The family relationship had to exist before you came to the United States as a refugee or were granted asylum:

If you want to file for your spouse, you had to be married before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Spouses” link to the left for more information.

Your child had to be conceived (this means the mother was already pregnant) or born before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Children” link to the left for more information.

[Anh map 2,098]

You aren't eligible for derivative status. Your wait will be a few years if she petitions now.

Best of luck.

[madala 32]

You aren't eligible for derivative status. Your wait will be a few years if she petitions now.

Best of luck.

Thank! I really appreciate it.