Marriage based i-485, request Asylum approval as evidence

[9-29-2019]

Today I got a request for evidence with 2 items requested:
1. I-693
2. Copy of the approval letter from the Asylum Office notifying you that asylum application has been granted.
What should I send and why they are asking for #2 if my i-485 was marriage-based? Any ideas?

Thanks.

[Tibwa]

Today I got a request for evidence with 2 items requested:
1. I-693
2. Copy of the approval letter from the Asylum Office notifying you that asylum application has been granted.
What should I send and why they are asking for #2 if my i-485 was marriage-based? Any ideas?

Thanks.

Did you ever apply for Asylum? If so, did you close the case? or did you mistakenly check in the I-485 that you applied based asylum?

[9-29-2019]

Did you ever apply for Asylum? If so, did you close the case? or did you mistakenly check in the I-485 that you applied based asylum?

Yes, I did. No, I didn't close the case.
No, applied based - Immediate relative of a U.S. citizen, Form I-130.
My wife's form is approved already in May 2020.

Thank you!

[Tibwa]

Yes, I did. No, I didn't close the case.
No, applied based - Immediate relative of a U.S. citizen, Form I-130.
My wife's form is approved already in May 2020.

Thank you!

Then you need to find some legal advice. From what I know you cannot have multiples AOS open at the same time. YOu definitely don't want to continue the asylum case, which is likely to get denied. You can see in the RFE something is wrong. You need to talk to the people that were helping you with the asylum case. ALWAYS make sure you don't get an unnecessary deny, which can complicate your case.

[9-29-2019]

Thank you. This forum full of people who keep the asylee case opened and close it after getting a marriage-based Green Card.
Will try to figure it out.

[Gcapplicant2019]

Then you need to find some legal advice. From what I know you cannot have multiples AOS open at the same time. YOu definitely don't want to continue the asylum case, which is likely to get denied. You can see in the RFE something is wrong. You need to talk to the people that were helping you with the asylum case. ALWAYS make sure you don't get an unnecessary deny, which can complicate your case.

You can have more than one AOS at the same time without any problem , I’m sure.
you can have pending or closed asylum and apply for family base AOS without any issue.

[Tibwa]

You can have more than one AOS at the same time without any problem , I’m sure.
you can have pending or closed asylum and apply for family base AOS without any issue.

I actually know a close case. My brother applied for asylum, then got married. However, his asylum case was pending and did not have interview schedule. His lawyer closed the asylum case with the new AOS through immediate family. It is very important to know where you are at in the process when sending multiple applications to USCIS. I personally had 3 status at once, H1b switched to TPS before expiration while I had an approved I-130 from my dad. The fact he is doing an immediate relative AOS and they send RFE for the asylums case implies something is wrong. USCIS needs to get some clarification.

[newacct]

Did you enter the US legally as a nonimmigrant and then applied for asylum?

Are you in removal proceedings and applied for asylum as a defense against removal?

[9-29-2019]

Did you enter the US legally as a nonimmigrant and then applied for asylum?

Are you in removal proceedings and applied for asylum as a defense against removal?

Legally as a nonimmigrant and then applied.
No removal. Nothing happened with my case since I came. (5 years ago).
I think the officer made a mistake honestly... But I am not sure. I saw many posts here then people got marriage-based GC with asylum pending.

[Gcapplicant2019]

Legally as a nonimmigrant and then applied.
No removal. Nothing happened with my case since I came. (5 years ago).
I think the officer made a mistake honestly... But I am not sure. I saw many posts here then people got marriage-based GC with asylum pending.

The only thing I could think of here is if your petitioner a green card holder, so you should proof that you maintained your Nonimmigrant status or got asylum approved. Is your petitioner USC or LPR?

[9-29-2019]

The only thing I could think of here is if your petitioner a green card holder, so you should proof that you maintained your Nonimmigrant status or got asylum approved. Is your petitioner USC or LPR?

She is a citizen. Her case is approved already (i-130 with my name)... Looks like the officer looked at my status (Pending asylum applicant) but didn't check part 2 1.a of i-485. The checkbox on Immediate relative of a U.S. citizen, Form I-130.
I hope it is a mistake.

[newacct]

On your I-485, did you put your status as the status you entered on? Or did you say asylee? They may be confused and may be thinking that you are adjusting from asylee status, which is not what you are claiming. In any case, you should truthfully respond that your asylum case has not been approved.

[9-29-2019]

On your I-485, did you put your status as the status you entered on? Or did you say asylee? They may be confused and may be thinking that you are adjusting from asylee status, which is not what you are claiming. In any case, you should truthfully respond that your asylum case has not been approved.

Yes, I said a pending applicant in my form. Paragraph 1.a (Family-based) is checked. Asylum is 1.d was ignored like other paragraphs.