Asylee married to US citizen and applying for green card

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birukefrem

New Member
Hello,



I have a question. I am an Asylee (granted on December 2004). I am now married to a US citizen. Can I apply for green card based on marriage? I am currently working in the US and we have a daughter, a house, a car and bank accounts together. Do we need to file I-130? Which option should I choose on the i-485 form (there's none for applying for GC based on marriage)? Can I apply for citizenship after 3 years from getting the conditional green card or 3 years after removing the conditional status?



Thanks
 
As one (former) asylee to another…

Yes, you can definitely file I-485 based on your marriage and get GC this way, skipping all the asylee's ties and conditions
Your spouse have to file I-130 for you and concurrently with it you file I-485 and the whole package (affidavit of support, medical, taxes and employment letters, join bills/accounts, marriage certificate and your child’s BS).
The option on I-485 you have to choose is “a”, the very first one. I know it worded weirdly and doesn’t make too much sense, but that is it. Visa number will be immediately available to you as US citizen’s spouse.
Thee years after you get your I-485 approved you can apply for citizenship. It doesn’t matter if it’s conditional or unconditional you get, it counts from the day you become PLR.
Good luck!
 
Thanks for your reply. However, i'm still confused. The purpose of i-130 reads "A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States." In my case, I don't need to immigrate, I am already a legal immigrant here in the US. And also, I don't have a Visa number so, don't you think option H. Other .. sounds good on the i-485 form ... ? Should I send taxes and bills/ accounts, ... with my i-485 or with my spouse's i-130? thanks.
 
birukefrem said:
Thanks for your reply. However, i'm still confused. The purpose of i-130 reads "A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States." In my case, I don't need to immigrate, I am already a legal immigrant here in the US. And also, I don't have a Visa number so, don't you think option H. Other .. sounds good on the i-485 form ... ? Should I send taxes and bills/ accounts, ... with my i-485 or with my spouse's i-130? thanks.
Click to expand...


I had already pending I-485 based on asylum, when I decided to do it all over with marriage based one. I chose option “a“
This is what the form says (read underlined parts):
a. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
You don’t have a visa number yet, but filed I-130 will get you one.

During my AOS interview whey didn’t even aske about my previous case, only looked at RDs and I-94s. When you go this route – marriage base GC you will start all over, never mind you already a legal immigrant here. The good thing for you though – you will maintain your status and won’t need to apply for EAD and suffer without SS# and DL as many of other people here. You will continue being assylee until they approve your GC application.
If your wife US citizen and not just LPR then you will have to send everything in one package: her I-130, yours I-485 and all supporting documents, all together in a big envelope. More info here: http://www.uscis.gov/graphics/fieldoffices/scnational/index.htm#H
Good luck!
 
Last edited by a moderator:
Jane Green said:
You are welcome!
:)
Click to expand...

why do I need Affidavit of Support since I am working and support myself? She has already filed for her dad, so can I just send my two year tax return copies?
 
Read the form carefully. Either your spouse of any other USC or permanent resident for the country can fill it out. You being a PR already, you can fill it yourself. You can also have your wife fill it out and have your info included using the I-864A as you are a household member. You choose how you want to do it.
 
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