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csh2020

Which Form to File?

By csh2020 in What Visa Do I Need - Family Based Immigration

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csh2020 Explorer

csh2020   10

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Hello,

I am a USC and my wife and I recently married. She is an asylum seeker, meaning that she has been processed (no work/travel permit) and she goes to routine immigration appointments. 

Which form do I file for a marriage based Visa?

I-485 Adjustment of Status or

I-130 Petition for Alien Relative

 

Thanks for your help.

 

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Boiler Grand Master

Boiler   45,319

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How did she enter?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,319

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How was she processed?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,319

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I tried...

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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csh2020 Explorer

csh2020   10

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7 minutes ago, Boiler said:

I tried...

No, I am not 100% certain. She crossed the border and she was processed at the port of entry. She then entered and does not have a work or travel permit. She is in process of seeking asylum. 

My question is simply if I can file the I 130 first then the I 485 or if they have to be filed concurrently.

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Family Mentor

Family   3,988

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4 minutes ago, csh2020 said:

No, I am not 100% certain. She crossed the border and she was processed at the port of entry. She then entered and does not have a work or travel permit. She is in process of seeking asylum. 

My question is simply if I can file the I 130 first then the I 485 or if they have to be filed concurrently.

There is nothing simple about your wife’s immigration case. The fact that she periodically meets with ICE, be it in person or remote check ins, tells me she is on supervised release ( in lieu of immigration detention). ..until she gets decision on asylum claim. The proposed May 2024 Biden rule empowering asylum officers to make decisions on asylum within days of entry , is not yet in effect…but should be imminently.

 

You can file the I-130 , since you married already, but I would hold off on the I-485, as that money may better help you get some legal help along the way.

 

If you do file the I-130 now, check through the paperwork she DEFINITELY has and determine if she is in removal proceedings….as that will mean you need “Bonafide Marriage Exemption “ filed with I-130.

 

You can redact and upload pictures of her processing paperwork from POE, if you want feedback 
 

 

 

https://www.dhs.gov/news/2024/05/09/dhs-announces-proposed-rule-and-other-measures-enhance-security-streamline-asylum#:~:text=The proposed rule would allow,overall time between encounter and

 

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discoverusa Community Regular

discoverusa   258

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Does she have notice to appear or release of recognization? Which country is she from? From what you described, she doesn't currently have a status to adjust from. 

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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