My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
Your wife, now being Legal Permanent Resident, is eligible to sponsor your immigration and file I-130 (Petition for Alien Relative). However, she must prove that shes able to support you by filing I-864 Affidavit of Support properly. Be prepared that USCIS will check whether or not your marriage is bonafide, since your status is questionable, to say the least
Please read the instructions http://uscis.gov/graphics/services/residency/family.htm
Since Im not an expert I dont know anything about the effects of your actual (il)legal status on this process. You might be better off consulting an immigration lawyer anyway.
My spouse has received LPR status and I have an asylum pending case which has was denied two years ago. I am schedule for a hearing in April for over-staying after my visa date and not for the asylum application, can my wife still apply for an I-30 to adjust my status. What does the law says because I am getting all kinds of interpretation of the lINS law. During my wife green card hearing she spoke to the interviewer about my case and he told her that as soon as she receive her green card she should apply for me. How do we proceed if this is true?
If you entered this country legally, and youre not under deportation, you should be fine. However, do get prepared to prove that you have a bonafide marriage. Also, if your wifes income does not meet the requirements for sponsoring you, you can always find a joint sponsor.
P.S. I think it would be better if you file your papers before your hearing.
Good luck!
How your wife received LPR status?
thanks,
Adjusting Status - Spouse is LPR