Hello Everyone,
I am new here.. and learned a lot from this forum.
Here is my weird situation. I came to the states on F1 visa. I married my current spouse during my OPT time. By that time his 485 was pending,however since he is asylee, I wont be able to file 485 together with him because we wasnt married when he was granted the asylum status. when my opt expired, I stayed in the states, job market sucked, so it was hard for me to get a job to keep my immgration status. he cant go to our home country with me for he is asylum. Only way to keep our marriage is me staying here with him or he gives his asylum status up and going back to our home country which is impossible because he would end up in jail for political issue.
Then we filed my 130 when he got his greencard. My 130 is approved and visa pirority date is current. However, since I over stayed my F1 visa, so I am " out of status" now, I understand that I cant file 485 until he turns to the US citizen. However, our lawyer suggested us to file the 485 because our situation is different. So we filed 485 and had interview. Now the immigration office asks me to prove my legal immigration status, which I dont have! And the lawyer is asking me to prepare 601 now. The problem is, even I get 601 approved, I cant go back to my home country to get the immigration visa because my spouses political issue. I will end up in jail before going to the consul interview. Should I just withdraw the the 485? and will I be deported if the 485 is withdrawed or denied?! I am so confused now. Obviously the lawyer is not helping anymore.
Your lawyer is a classic example of idiots who graduate from law school and feed at the bottom of the law profession. You had no business in filing for I-485, you are out of status, your spouse is NOT a US citizen, which means you would have to wait till your visa becomes current, but you need a lawful status to adjust from your unlawful status to a green card.
The waiver hes asking you to file wont be free, it is very expensive and there are lawyers who specializes in such waivers. Do you know what this waiver is for? Hardship.... It is clear from your post he only specialize in one thing, cashing your check while feeding you crappy information. What you needed to do, wait till your spouse became a US citizen. When did he obtain his green card? How far till he becomes a US citizen? His citizenship is your only saving grace to adjust from your unlawful status to a lawful one. In terms of your lawyer, ditch him and send him a skunk to blow him with a foul odor....
LOL, I d going to hunt for a skunk now!!! Thank you for your advise. My spouse got his greencard in Dec 2007 and on the GC his resident date is since Dec 2006. So I think he should be able to apply citizenship soon. Well for the hardship, I dont know what other hardship we have but the only place we can go if we leave the states in our home country where he was politically persecuted. Maybe move to other countries but wherever we go, we need to get a visa from that countrys consul in our home country? and he has his business in the states blah blah.
Oh yeah the 601 is damn expensive! And also this lawyer told me I should apply asylum too. I am not asylum, I wasnt politically persecuted in my home country just if I go back now, I will be in jail because of the spouse. so seems the lawyer wants more than 1 skunk...=(
LOL, I d going to hunt for a skunk now!!! Thank you for your advise. My spouse got his greencard in Dec 2007 and on the GC his resident date is since Dec 2006. So I think he should be able to apply citizenship soon. Well for the hardship, I dont know what other hardship we have but the only place we can go if we leave the states in our home country where he was politically persecuted. Maybe move to other countries but wherever we go, we need to get a visa from that countrys consul in our home country? and he has his business in the states blah blah.
Oh yeah the 601 is damn expensive! And also this lawyer told me I should apply asylum too. I am not asylum, I wasnt politically persecuted in my home country just if I go back now, I will be in jail because of the spouse. so seems the lawyer wants more than 1 skunk...=(
This is what I would suggest, find a 9 inch heel shoes and visit his office towards the end of the day, as soon as he turns his backside towards you, kick him in the backside. This will also be the perfect time to release 2-3 skunks out of your bag and lock his office door behind you. He is a scam artist and you should terminate his contract immediately, advising you apply for asylum, what a nerve...
Your husband should be able to apply for his citizenship and gain approval sometimes this year. What is your state, timeline varies by state. For example, I live in Maryland and obtained by citizenship in 105 days from the date of application till I was sworn-in. In the interim, I would withdraw my I-485 and just wait till he is a citizen, and reapply using the approved I-130.
Here are places to look for a skunk....
http://www.skunkhaven.net/
http://exoticpets.about.com/cs/skunks/a/findskunks.htm
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LPR spouse green card question