Asylum and I-130?

[Hunleyj 0]

Hi, I am dating a Russian citizen who lives here in the US. She and her daughter had a US tourist visa with 4-6 months left on it when she came to the US two year ago to visit her sister (her sister moved here 7 years ago after marrying a US citizen). She applied for asylum within 6 months of arrival, then had an interview. Now she has a SSN and a work permit (her daughter has neither) which is valid for another 13 months while she awaits a trial date. I read some info here about qualifying for a I-130, but it only seems to address the status of tourist visas, and I don't know if those who are awaiting an asylum date are considered differently or not? Does anyone here know? 

Edited March 19 by Hunleyj

[Crazy Cat 41,836]

***Moved from the K-1 forum to the General Immigration Discussion area***

 

Mod Hat off:  To "qualify" for an I-130, there must be a relative alien. Someone you are dating doesn't qualify to be petitioned.

Edited March 19 by Crazy Cat

[Hunleyj 0]

Thank you, Crazy Cat. I forgot to mention that I'm asking the question here to understand what would happen if I were to propose and we eventually got married. 

[Crazy Cat 41,836]

4 minutes ago, Hunleyj said:

Thank you, Crazy Cat. I forgot to mention that I'm asking the question here to understand what would happen if I were to propose and we eventually got married. 

A spouse is a relative alien.  I have a neighbor who came to the US via a tourist visa and applied for asylum a few years ago.  She married a US citizen a few months ago, and they just sent her immigration package (I-130, I-485, I-131) to USCIS this morning.  I expect her to receive a Green Card within the next year.

Edited March 19 by Crazy Cat

[Boiler 45,467]

The way you describe it is that she has been referred to Immigration Court, what is the basis of their Asylum Claim?

 

Now most asylum claims are rejected so adjusting through Marriage may be the best route, maybe her only route.

 

And yes you would file the I 130 and maybe the I 485 with it but that depends where she is in her Asylum proceedings. 

[millefleur 5,046]

8 hours ago, Hunleyj said:

I read some info here about qualifying for a I-130, but it only seems to address the status of tourist visas, and I don't know if those who are awaiting an asylum date are considered differently or not? Does anyone here know? 

Based on asylum approval rates for Russians, in 2023 it seems 63% of cases were granted. 

https://www.justice.gov/eoir/page/file/1107366/dl

 

That said, adjusting status via marriage is a much easier and faster route. Just be aware there's no adjustment for being engaged/someone's fiancee. You would need to be married to file the I-130.

[Hunleyj 0]

Thanks for the answers everyone. I have one further question. I mentioned in my post that Rita has her SSN and permit to work. Is it possible to request a SSN for her daughter (who is here with her) at this point, or only after marriage and I-130 process? 

Edited March 25 by Hunleyj

[Boiler 45,467]

Visitors do not qualify for SSN

[Hunleyj 0]

Thank you. Rita will be filing her taxes any day, and I guess she can’t claim her daughter as dependent if the little one doesn’t have a SSN. I’ll let her know! 

Edited March 25 by Hunleyj