Seeking Political Asylum I-589 or I-601

[steppinthrax 0]

I guess I don't know which fourm to go about this because I didn't see any specific section on I-589s. Anyway My wife came in from China with an K-1 fiance visa but she didn't marry the person whom petitioned her visa she married another US citizen instead because the relationship with the peitioner didn't work out. Anyway she has been illegal since 2000. Any of you may know that with a K-1 you can only adjust in the United States with the petioner that you married. Therefore we had to do the I-601. We decided to hold off for it because we were waiting for the new law if any to come out. Anyway, a new law in china came about where the 1 child policy in china now extends out to foriegn chinese nationals that have babies out of the country. If they were to bring them in there is a posibility the govt will force abortion or take the child away. We have one daughter here in the United States. Our attorney informed us that if my wife were to become preg again he can instead file an application I-589 for asylum based on the fact that if she were to go to china being pregnant and already having a first child the govt could force an abortion. I don't know if this is possible considering that our first daughter is already a USc. But according to this http://en.wikipedia.org/wiki/One_child_policy twords the bottom it is indicating the policy applies to children born outside of the China.

Anybody have any info on this.

Thank You

[kitkat1 5]

I don't know anything about asylum cases. But as far as I understand, a 601 waiver will not overcome the fact that she violated her K1 visa by not marrying the original petitioner or going home. Technically it *sounds* like it would address the illegal presence issue, but I don't think it overcomes the visa violation. Has you lawyer addressed this issue? Also, you generally would not file a 601 in advance of anything - you would be told to do so at the adjustment of status interview after her adjustment is denied.

[steppinthrax 0]

I don't know anything about asylum cases. But as far as I understand, a 601 waiver will not overcome the fact that she violated her K1 visa by not marrying the original petitioner or going home. Technically it *sounds* like it would address the illegal presence issue, but I don't think it overcomes the visa violation. Has you lawyer addressed this issue? Also, you generally would not file a 601 in advance of anything - you would be told to do so at the adjustment of status interview after her adjustment is denied.

Our attorney informed us that the I-601 waiver is the waiver for the 10 year bar that will be apposed on her when she leaves the U.S. She did violate the visa in the fact that she didn't leave the country immediantely within the 90 day period when she found that she couldn't marry the petitioner on the visa. We were planning to file an 1-601 after she had left the country.

[kitkat1 5]

Ah ok. Well I would do everything possible to ensure that she does NOT leave the country since that is when the ban goes into effect. As you suggested, who knows - maybe CIR will pass and she will be able to pay a fine and adjust in country. Will a 601 waiver (whether in the US or in the China) "cover" the visa violation? If so, it may be the best route. But it becomes much, much more difficult to do once she has left and without knowing timing and waiver approval rates in her country it's almost impossible to know exactly what you would be facing. And certainly in the meantime she needs to be very very careful as she is currently deportable. Good luck.

[Boiler 45,978]

I am pretty sure that you can not file a waiver to avoid the K1 stipulation of being able to adjust in the US. It would I am sure have been mentioned if it had ever been done.

The asylum claim seems far fetched to say the last, if its doable it would be a good example of the broken immigration system. For some reason I thought you had to file within a year of entry.

CIR, who knows, either this summer or 2009 earliest. And then it would depend on which variant is enacted.

[kitkat1 5]

I am pretty sure that you can not file a waiver to avoid the K1 stipulation of being able to adjust in the US. It would I am sure have been mentioned if it had ever been done.

That's what I think too - that a waiver is not available to address the K1 violation so even if a 601 forgave the illegal presence, wouldn't there still be the K1 issue? Maybe they would just need to start from the beginning with a spousal visa and then a 601 for the illegal time? Then again, that also wouldn't be doable in the country since she still wouldn't be able to adjust in the country. Has the lawyer explained if returning to China is the only option? Without a valid asylum claim, it seems like might be the case.

[steppinthrax 0]

I am pretty sure that you can not file a waiver to avoid the K1 stipulation of being able to adjust in the US. It would I am sure have been mentioned if it had ever been done.

That's what I think too - that a waiver is not available to address the K1 violation so even if a 601 forgave the illegal presence, wouldn't there still be the K1 issue? Maybe they would just need to start from the beginning with a spousal visa and then a 601 for the illegal time? Then again, that also wouldn't be doable in the country since she still wouldn't be able to adjust in the country. Has the lawyer explained if returning to China is the only option? Without a valid asylum claim, it seems like might be the case.

My wife and I spoke to at least 5 to 8 different attornies regarding her matter. All of them said that she has to leave the US and we have to file an I-601. He informed us once the I-601 was approved she had to re-enter with a visa. The asylum situation was something that our attorney recently explained to us due to new laws in China.