Need Help with I-130 sample for spouse with pending Asylum Case

[Aman786 0]

Hi

 

 in process filling I-130 for my spouse(has asylum pending with no i-94); can someone provide sample of filled i-130 form? Also should i file i-1485 form along with i-130 form? 

Also is it preferred to file online or via mail ?

 

Any help will be appreciated.

[pushbrk 13,043]

31 minutes ago, Aman786 said:

Hi

 

 in process filling I-130 for my spouse(has asylum pending with no i-94); can someone provide sample of filled i-130 form? Also should i file i-1485 form along with i-130 form? 

Also is it preferred to file online or via mail ?

 

Any help will be appreciated.

Click on the word Guides at the top of any page here.  Select the one applicable to your case.  Seems you want to adjust status from within the USA.  Use that guide and do a concurrent filing.  Start by downloading the instructions for the forms, and becoming an A-Student of them.  It will be critical to your ultimate success.  We'll help with the question that remain after you do your homework. OK?

 

[Crazy Cat 42,033]

**Moved to Adjustment of Status forum***

[Family 4,136]

49 minutes ago, Aman786 said:

Hi

 

 in process filling I-130 for my spouse(has asylum pending with no i-94); can someone provide sample of filled i-130 form? Also should i file i-1485 form along with i-130 form? 

Also is it preferred to file online or via mail ?

 

Any help will be appreciated.

1. You can ONLY file an I-130 for now ( no I-94 means not qualified to file I-485)

2. If her asylum is pending in EOIR ( court ) , you have one extra to do for the I-130 / bonafide marriage exemption . 
 

Does she not have an attorney on the asylum? How did she file it and how long ago?

[Aman786 0]

She has an attorney for Asylum case, She filed the case back in 2014 and still waiting on final hearing for case. She has work permit, own house, been filling taxes every year on time etc. 

 

What do you mean by "extra to do for the I-130 / bonafide marriage exemption" ? Means need to provide additiona l proofs for bonafida marriage?

1. Can i file online? 
2. I have few question on I-130 application -

• Part 5 other information- Have you ever previously filed a petition for this beneficiary  or any other alien? - I have for my parents previously; my mom is GC holder and dad is citizen now. Will i say yes to this question?
• Was the beneficiary ever in immigration proceedings? - Will it be yes or no? since she has her hearing pending.
• Should i choose that " The beneficiary will not apply for adjustment of status in the US
• Address History Applicant: Online application does not let me enter "PRESENT" in end date what should i do? Any thoughts?

 

Attorney is asking too much feed for just filling I-130 form thats why i am trying to file it by myself. If i don't get answers i will have attorney help out. 

 

[Family 4,136]

21 minutes ago, Aman786 said:

She has an attorney for Asylum case, She filed the case back in 2014 and still waiting on final hearing for case. She has work permit, own house, been filling taxes every year on time etc. 

 

What do you mean by "extra to do for the I-130 / bonafide marriage exemption" ? Means need to provide additiona l proofs for bonafida marriage?

1. Can i file online? 
2. I have few question on I-130 application -

• Part 5 other information- Have you ever previously filed a petition for this beneficiary  or any other alien? - I have for my parents previously; my mom is GC holder and dad is citizen now. Will i say yes to this question?
• Was the beneficiary ever in immigration proceedings? - Will it be yes or no? since she has her hearing pending.
• Should i choose that " The beneficiary will not apply for adjustment of status in the US
• Address History Applicant: Online application does not let me enter "PRESENT" in end date what should i do? Any thoughts?

 

Attorney is asking too much feed for just filling I-130 form thats why i am trying to file it by myself. If i don't get answers i will have attorney help out. 

 

Is her asylum pending with USCIS or with Immigration Court? 
 

So if she entered EWI ( without inspection) then got caught , she’s in removal proceedings. 

[Aman786 0]

She has not had any decision yet of case denial or approval even though she has approved work authorization etc.; pending final hearing from Judge for the Asylum case.

She crossed border and was caught and kept in camp.

 

 

[Family 4,136]

2 minutes ago, Aman786 said:

She has not had any decision yet of case denial or approval even though she has approved work authorization etc.; pending final hearing from Judge for the Asylum case.

She crossed border and was caught and kept in camp.

 

 

That means is in removal proceedings/deportation. So you need to 

 

 

 

https://asistahelp.org/wp-content/uploads/2022/03/Bona-Fide-Marriage-Exemption.pdf

Bona Fide Marriage Exemption
Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must
show by clear and convincing evidence that the marriage was entered into in good faith. INA § 245(e)(3).
What is commonly called, “the bona fide marriage exemption” must be requested in writing and
submitted with Form I-130. 8 C.F.R. § 204.2(a)(1)(iii)(A). The request must state the reason for seeking
the exemption and must be supported by documentary evidence establishing eligibility for the
exemption. Id.

[Aman786 0]

Ok thank you. Can you answer below questions?

• Part 5 other information- Have you ever previously filed a petition for this beneficiary  or any other alien? - I have for my parents previously; my mom is GC holder and dad is citizen now. Will i say yes to this question?
• Was the beneficiary ever in immigration proceedings? - Will it be yes or no? since she has her hearing pending.
• Should i choose that " The beneficiary will not apply for adjustment of status in the US
• Address History Applicant: Online application does not let me enter "PRESENT" in end date what should i do? Any thoughts?