Adjustment of status through marriage being Asylum applicant

[Asoyola 0]

Hi!

Could you please help me to figure out couple of moments.

I’m in USA, have I-589 pending asylum. I’m asylum applicant, waiting for the interview for already 2 years (not in a removal / deportation process). I got married, my husband is a US citizen. We’re filing out all required form in order for me to get a green card through marriage. 
I have question about I-485 form - Question 17. Have you ever violated the terms or conditions of your nonimmigrant status? Do I need to mark YES if I came to the US on a B2 visa, and filed an I-589 on my 5 month stay here (was allowed (admitted) to stay for 6 months). I have I-797 notice of action that my asylum case is pending.
I know that Asylum applicant it is not an actual immigration status, but at the same time I did not overstay, filed i-589 within 6 months of stay.
I'm totally confused right now. Thank you. 

[Verrou 1,962]

1 hour ago, Asoyola said:

Hi!

Could you please help me to figure out couple of moments.

I’m in USA, have I-589 pending asylum. I’m asylum applicant, waiting for the interview for already 2 years (not in a removal / deportation process). I got married, my husband is a US citizen. We’re filing out all required form in order for me to get a green card through marriage. 
I have question about I-485 form - Question 17. Have you ever violated the terms or conditions of your nonimmigrant status? Do I need to mark YES if I came to the US on a B2 visa, and filed an I-589 on my 5 month stay here (was allowed (admitted) to stay for 6 months). I have I-797 notice of action that my asylum case is pending.
I know that Asylum applicant it is not an actual immigration status, but at the same time I did not overstay, filed i-589 within 6 months of stay.
I'm totally confused right now. Thank you. 

That question is broad. For me, I marked yes because I worked without authorization and also over stayed (filed 11 months after I arrived to the US) . Have to explain it with extra sheet of paper. So it really depend on your histories. 
 

Edit : 

you are overstayed right now so I will mark yes. 

Edited May 19, 2023 by Misscloud

[Timona 4,207]

Yes, you overstayed 

[Dashinka 24,481]

I agree, at this point you would be considered an over-stay.  That being said, it doesn't really matter as over-stays are forgiven for the spouse of a USC going through AOS.  

 

Good Luck!

[Asoyola 0]

1 hour ago, Misscloud said:

That question is broad. For me, I marked yes because I worked without authorization and also over stayed (filed 11 months after I arrived to the US) . Have to explain it with extra sheet of paper. So it really depend on your histories. 
 

Edit : 

you are overstayed right now so I will mark yes. 

Thank you. I'll mark as YES, and then explain it. Will something like this sound ok for putting at the additional information ? 
I came to the US on a B2 visa, filed an I-589 application on my 5 month stay here (was admitted to stay for 6 months). I have I-797 notice of action that my asylum case is pending. My current status is Asylum Applicant.

[Dashinka 24,481]

2 minutes ago, Asoyola said:

Thank you. I'll mark as YES, and then explain it. Will something like this sound ok for putting at the additional information ? 
I came to the US on a B2 visa, filed an I-589 application on my 5 month stay here (was admitted to stay for 6 months). I have I-797 notice of action that my asylum case is pending. My current status is Asylum Applicant.

Sounds good.  You should probably also include a copy of your I-797 from your I-589 in the package.

 

Good Luck!

[Verrou 1,962]

6 minutes ago, Asoyola said:

Thank you. I'll mark as YES, and then explain it. Will something like this sound ok for putting at the additional information ? 
I came to the US on a B2 visa, filed an I-589 application on my 5 month stay here (was admitted to stay for 6 months). I have I-797 notice of action that my asylum case is pending. My current status is Asylum Applicant.

Yep. Sounds good 

[Asoyola 0]

1 hour ago, Dashinka said:

I agree, at this point you would be considered an over-stay.  That being said, it doesn't really matter as over-stays are forgiven for the spouse of a USC going through AOS.  

 

Good Luck!

Thank you so much for your help. 

Want to clarify one moment, I also file forms for my daughter (from my previous marriage), she is 14 years old, came here with me. 

I'll put the same additional information for her I-485 too? Something like this:

"I came to the US on a B2 visa with my mother, she filed an I-589 on our 5 month stay here (were admitted to stay for 6 months). My mother have I-797 notice of action that her asylum case is pending". 

My daughter didn't receive her own I-797 notice, we just have one with my name on it. Would it be okay?

 

Also, I have couple questions regarding my daughter's forms, Should I open new discussion or can ask here too?
I fill out all her forms and will mark myself as the preparer. But does she need to sign them as an Applicant or will my signature be enough?

 

and Question 66 sounds confusing too. 

What is the highest degree or level of school you have completed? Should I mark Grades 1 through 11? Nothing seems like applies to her, she is currently in 8th grade.

 

 

 

[Dashinka 24,481]

5 minutes ago, Asoyola said:

Thank you so much for your help. 

Want to clarify one moment, I also file forms for my daughter (from my previous marriage), she is 14 years old, came here with me. 

I'll put the same additional information for her I-485 too? Something like this:

"I came to the US on a B2 visa with my mother, she filed an I-589 on our 5 month stay here (were admitted to stay for 6 months). My mother have I-797 notice of action that her asylum case is pending". 

My daughter didn't receive her own I-797 notice, we just have one with my name on it. Would it be okay?

 

Also, I have couple questions regarding my daughter's forms, Should I open new discussion or can ask here too?
I fill out all her forms and will mark myself as the preparer. But does she need to sign them as an Applicant or will my signature be enough?

 

and Question 66 sounds confusing too. 

What is the highest degree or level of school you have completed? Should I mark Grades 1 through 11? Nothing seems like applies to her, she is currently in 8th grade.

 

 

 

Since she is 14, she needs to sign as the applicant.  As to the school, I would say grade 7 since that is completed.  Not sure it really matters since she is a minor.

 

Good Luck!

 

2. Parents and Legal Guardians of Requestors

A parent may sign a benefit request on behalf of a child who is under 14 years of age.^[12] Children 14 years of age or older must sign on their own behalf. If a parent signs on behalf of a child, the parent must submit a birth certificate or adoption decree to establish the parent-child relationship.

 

https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2

Edited May 19, 2023 by Dashinka

[Family 3,988]

1 hour ago, Asoyola said:

My current status is Asylum Applicant

For current status put “ Adj pending/IR spouse of USC

 

You don’t need to explain anything as related to manner of entry or other pending immigration benefits. Simply submit copies of B1/B2 visa , passport page w entry stamp and copy of asylum receipt notice. 

Print out I-94 and record of entries for both
 

Do the same for your child , for status put Adj pending /IR child of USC and include entry pages w copy of asylum notice …as she is a derivative on the asylum. 

 

She signs her own name if already 14.

 

Edited May 19, 2023 by Family