Adjustment of status for asylee wife

B

blara

New Member
Hi,

I am a US Green Card holder and got my GC based upon my Asylum Application. My GC is dated May 2002. I am hoping to apply for and receive my US Citizenship early next year (2007).

My wife is also an asylee (NOT derivative asylee) and her asylum application was approved a few years ago. We did not apply for a GC for her because it took me almost 5 years to get mine. We thought that it might be faster to wait for my citizenship and then apply for her adjustment of status based upon marriage to a US citizen. I want to find out if this is doable. Any possible complications? Would we need to withdraw her asylum application first ....if so at what stage. Or would we be better off applying for her own GC (even though we lost a few years by not applying on time for this)
Any feedback, suggestions would be greatly appreciated.

Thanks.
 
blara
I would apply for adjustment immediately, if I were in her place. New AOS applications are given a priority and she will not have to wait as long as you had to. Besides, it is much cheaper than filing one-step petition, if she applies for GC through marriage and will have to remove conditional status in two years (another fee). I would also consider the fact that the CIS may be paralized by a flood of new application once the legalization of illegal immigrants goes into the implementation phase. For that matter, all applications, including citizenship will be indefinitely stuck - there's been a spike of those in the last couple of months. Hate to sound pessimistic but even now, with roughly 3 million pending cases the CIS is being continuously sued by applicants, whose cases are not resolved in a timely manner. (I consider joining this numerious group myself in July since my I-485 ND is '01 and there are no signs of approval in sight) Imagine what's going to happen if, at least, another 5 million new applications are dumped into the system! Whoever can get citizenship tries to do it as soon as possible and for a damn good reason! Do not do anything with her asym applicaiton and file for adjustment ASAP.
 
Morning said:
blara
I would apply for adjustment immediately, if I were in her place. New AOS applications are given a priority and she will not have to wait as long as you had to. Besides, it is much cheaper than filing one-step petition, if she applies for GC through marriage and will have to remove conditional status in two years (another fee). I would also consider the fact that the CIS may be paralized by a flood of new application once the legalization of illegal immigrants goes into the implementation phase. For that matter, all applications, including citizenship will be indefinitely stuck - there's been a spike of those in the last couple of months. Hate to sound pessimistic but even now, with roughly 3 million pending cases the CIS is being continuously sued by applicants, whose cases are not resolved in a timely manner. (I consider joining this numerious group myself in July since my I-485 ND is '01 and there are no signs of approval in sight) Imagine what's going to happen if, at least, another 5 million new applications are dumped into the system! Whoever can get citizenship tries to do it as soon as possible and for a damn good reason! Do not do anything with her asym applicaiton and file for adjustment ASAP.
Click to expand...

Thank you so much for your feedback. Makes a lot of sense. The only thing that I am feeling really bad about now is that we wasted a few years on this. But whatever is done is done.
Just for my information, do you know how long the adjustment of status (based upond marriage) takes (assuming that the flood of applicants that you have referred to, does not happen).

Thanks again.
 
blara
how long the adjustment of status (based upond marriage) takes
Varies widely and depends on luck, like any other application filed with the CIS. (There are AOS with ND '98 still pending and there are ND'06 already adjudicated) There's a good chance her AOS will be adjudicated sooner than you get your citizenship if she applies for adjustment in the next few days. Then, when your time comes, you apply for citizenship and she will be able to apply for citizenship in 2 years and 9 months after you become a citizen (as a spouse of a citizen) and if she is still married to you.
 
Blara

It was not smart choice to postpone your wife's application. First, you don't know if you would become a citizen soon or not. It may take many years before you become citizen. I have seen many individuals who are eligible citizenship but whose application are pending more than two years. Second, you never know whether you would divorce your wife or not.

Now, the worst choice you can make for your wife is withdraw her asylum status. There is no relationship between asylum status and your wife getting greencard through you. IF you become a citizen, your wife can apply greencard through you while she is holding onto her asylum status.

The best choice for your wife I think is to apply for greencard through her asylum.
 
You must log in or register to reply here.
Top