Adjustment of Status of Derivative Asylee

[brekus2005]

Hi,

I am a naturalized US citizen since 2010. My wife is 30 years-old and came to the US in 2005 and was granted a derivative asylum status under her father. In 2007, she filed form I-485 to adjust her status. However, her application was denied because she was married to me at the time she filed (she is no longer an unmarried child). We are asking legal advice if she needs to apply on her own or we should do Marriage based-adjustment. Thank you for your prompt reply.

Brekus

[bkwld]

You should seek legal advise because of fees associated with filing. You may certainly file again based on marriage but she will be starting all over again with new fees. Maybe an attorney can reopen previous case and adjust based on married child, regardless you will have to pay fees for reopen and attorney.... You should just file for your wife as new petition.

[brekus2005]

Thank you bkwld, I appreciate it.

[bkwld]

Thank you bkwld, I appreciate it.

I'm curious, how did she come into U.S.? What status did she come in as?

[brekus2005]

I'm curious, how did she come into U.S.? What status did she come in as?

She came as a refugee in 2005 under her father who is political refugee in the U.S. All her unmarried siblings got adjusted to permanent resident, except her.

Thanks again!