Your wife must file form I-824 for your benefit. This petition will instruct CIS to forward your approved petition to the national visa center. This extra step is required because your I-130 was originally routed to the local office for adjustment.
Once the national visa center has the case, about 1-3 months, you will receive instructions from them about how to proceed. Once you provide the immigrant visa fee, and have your receipt, then you can file for the I-601A waiver.
Careful of that...
I have some answers:
1. You can file whatever you like. But an I-130 is all you are entitled to file right now.
Check the visa bulletin for more.
2. The I-130 will be approved. Your wife does not need to withdraw her asylum case until she gets her permanent residence.
3. You cannot do that
4. The data for lawful permanent residence will be recorded based upon the day she is given lawful permanent residence. An I-130 approval is just recognition of your marriage, not a permanent...
I am not a New York lawyer, but here is the statute I pulled up:
§ 220.41 Criminal sale of a controlled substance in the second degree.
A person is guilty of criminal sale of a controlled substance in the
second degree when he knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or...
The forms you will need to file are an I-130 to establish the marital relationship, a G-325 (biodata) for the alien and for the US citizen, an I-765 for a work card, the I-485 for the green card, along with the I-864 affidavit of support. The alien will also need a medical exam from a CIS approved doctor. The alien may be able to file the I-131 to get a travel document if he has not been out of status for more than six months. These forms and the documents that support them (birth...
If you received a work card under (c)(14), now mean that there is evidence out there that you were granted deferred action at some point in the past. This can easily be the case when one has an approved petition I-360, but where one is either ineligible to apply for adjustment of status or prefers not to apply for adjustment of status.
Your circumstances are horrible. I hope that an immigration attorney would help you pro bono for the benefit of your family. If you have an approved I-360,...
The penalties for marriage fraud include a permanent bar to admissability for the alien, and a $250,000 possible fine and five years in jail for those convicted of such a charge. The burden is on the government to prove any charge of fraud and they must prove that there existed no reason for the marriage apart from gaining immigration benefits for the alien. Typically a marriage fraud case will involve a US citizen spouse who was paid to marry the alien and get them lawful permanent residence....
SEVIS exists to ensure that you go to school like you say you will. Collecting evidence about your credit record is probably not within their purview.
"SEVP collects, maintains, analyzes and provides information so only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to DoS, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration...
it sounds like given all your concerns, immigration investigated your husband and found that he was in a real marriage to you, and they let him keep his green card. Many immigration marriages are messy affairs, just like regular marriages. In many cases where the marriage ends the US citizen is upset and feels used. Ice and immigration will only act if they believe the alien married you solely to gain a green card. Other than that, they will leave him alone.