can my wife go back to her COP without any worries?

K

kevjen

Registered Users (C)
here's some background about us.
i'm a us citizen since 1997 and i married my wife two years ago while she just came here two years ago(2001). i think she came here as a derivative to a political/religeous asylum from her mother. after we got married she filed her green card application using our marriage certificate and she got her GC 9 months later(january 2005). she wants to go back to her COP to visit her dad but she's worry about the port entry to U.S. when she comes back and also the problem she'll be running into when she apply for her citizenship. after lurking this forum for the last couple days i pretty much know for a fact she won't be running into any trouble at the u.s. airport but what about the citizenship interview? does it matter what kind of asylum her mom was applied? i heard somewhere if you have the religion asylum then the IO will lease likely cause any trouble about going back to cop then if you have the political asylum. is this true? and what about RTD? her NP will be expired next march, should she just go ahead and renew it or apply for RTD for her trip? what are the negative effects of having RTD. i'm pretty new to all these immigration stuff so any suggestion or opinion are welcomed.
 
Kevjen

Based on what I know, she shouldn't have any problems whatsoever. I hope there is no physical danger for her in her own country. Derivative asylees should be fine when it comes to travelling to COP. The other positive thing is that her green card was based on the marriage not based on the Derivative asylum. This can be verified by looking at her GC Category. The derivative asylees have a category of AS7, I think.
In my opinion, there should be no harm in renewing the NP. I'm principle asylee and I have renewed my NP and traveled back home after my GC to see my sick Mom. There were no issues whatsoever. If they ask me anything at the time of interview I have documentation to prove why I went back.
Hope it helps Kevin.
Thanks
 
She shouldn't have any problem as derivative.

However, don't try to game the system by using two passports/RTDs. That will be serious issue. I was accused by them for "using two IDs" in Canada, while I just have to get my NP stamped for PR landing. They are getting better and quicker to respond if you do.
 
Punjabi_Munda said:
Based on what I know, she shouldn't have any problems whatsoever. I hope there is no physical danger for her in her own country. Derivative asylees should be fine when it comes to travelling to COP. The other positive thing is that her green card was based on the marriage not based on the Derivative asylum. This can be verified by looking at her GC Category. The derivative asylees have a category of AS7, I think.
In my opinion, there should be no harm in renewing the NP. I'm principle asylee and I have renewed my NP and traveled back home after my GC to see my sick Mom. There were no issues whatsoever. If they ask me anything at the time of interview I have documentation to prove why I went back.
Hope it helps Kevin.
Thanks
Click to expand...

thanks a lot PM. correct me if i'm wrong, isn't it true her GC number is the same number on her I94 card(the card she used initially when she first entered this country) so that same number can be traced back her asylum derivate background, true? and how can you tell for sure she was a derivative asylum and not the principle. also i don't know if it's relevent to this thread but when she got her GC the IO told her to file some kind of form two years from that day(forget the form number) so that she can receive a "normal" greencard. i think there is some info on her GC now that shows she got her GC via marrying a u.s. citizen, by "normal" it probably mean in two years after she file that form her green card will have no trace of the PR via marriage indication on it.
 
Ok your wife married you since you were a USC and she adjusted based on you not because of her asylum approval. USCIS gave her conditonal green card(valid 2 years) as it does to every immigrant who marries a U.S Citizen.

Asylees/refugees/derivates etc do not get a conditonal GC. Your wife adjusted as spouse of a U.S Citizen & not as political refugee.

True, your wife did claim political persecution but since she was a derivative, she is safe to visit her home country without any problems.

When she interviews for U.S Citizenship, immigration looks for

a)Has she met her residency requirements(5 year since the date of her Permanent GC or 3 years after her Condtional GC).
b)Is she a criminal
c)How the GC was obtained,
-If GC was obtained through marriage to a U.S Citizen. Is she still married to the same person?
-If GC was obtained through h1, did the person quit the day after getting his/her gc.
-If GC was obtained through investment, did the person close down his business the day after?
-If GC was obtained through political asylum, did the person seek protection from his home country??
-This is very 'touchy' and it really depends on the officer as to what he perceives. Other things such as divorcing after getting your GC if you obtained by marring a U.S citizen is black and white, the subject of somoene seeking protection from their COP is very murky and not clear in Immigration law.


I dont think she will have any problems because first she is a derivative and second she obtained her GC through different means; not adjusting through political asylum.
 
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wantmygcnow said:
Ok your wife married you since you were a USC and she adjusted based on you not because of her asylum approval. USCIS gave her conditonal green card(valid 2 years) as it does to every immigrant who marries a U.S Citizen.

Asylees/refugees/derivates etc do not get a conditonal GC. Your wife adjusted as spouse of a U.S Citizen & not as political refugee.

True, your wife did claim political persecution but since she was a derivative, she is safe to visit her home country without any problems.

When she interviews for U.S Citizenship, immigration looks for

a)Has she met her residency requirements(5 year since the date of her Permanent GC or 3 years after her Condtional GC).
b)Is she a criminal
c)How the GC was obtained,
-If GC was obtained through marriage to a U.S Citizen. Is she still married to the same person?
-If GC was obtained through h1, did the person quit the day after getting his/her gc.
-If GC was obtained through investment, did the person close down his business the day after?
-If GC was obtained through political asylum, did the person seek protection from his home country??
-This is very 'touchy' and it really depends on the officer as to what he perceives. Other things such as divorcing after getting your GC if you obtained by marring a U.S citizen is black and white, the subject of somoene seeking protection from their COP is very murky and not clear in Immigration law.


I dont think she will have any problems because first she is a derivative and second she obtained her GC through different means; not adjusting through political asylum.
Click to expand...


thanks, that's exactly what i thought too, but she worries about this because the GC A-number is the same A-number on her I94 card, and the people work at the law firm we filed her application also suggested her wait for her citizenship before going back to her COP.
 
Kevin

The number you are referring to is her Alien number which will stay the same but what I'm referring to is the category on her GC. This category tells I/O or employees of USCIS how she got her GC, meaning the path she followed to get her GC. Asylum based GC have cetgory AS# where # mean 6, 7 etc. The people who get GC thru marriage have a different category that the people who het GC thru Asylum, Emplyment or any other mean.
How did I know that she was a derivative asylee? Well, you mentioned it in your original post.
From your post.... "i think she came here as a derivative to a political/religeous asylum from her mother"
Thanks
 
Punjabi_Munda said:
The number you are referring to is her Alien number which will stay the same but what I'm referring to is the category on her GC. This category tells I/O or employees of USCIS how she got her GC, meaning the path she followed to get her GC. Asylum based GC have cetgory AS# where # mean 6, 7 etc. The people who get GC thru marriage have a different category that the people who het GC thru Asylum, Emplyment or any other mean.
How did I know that she was a derivative asylee? Well, you mentioned it in your original post.
From your post.... "i think she came here as a derivative to a political/religeous asylum from her mother"
Thanks
Click to expand...

her GC has is under category of CR6. i don't know what it means.
 
Cr6

CR6 means Conditional Resident (Spouse)
If she would have any kids that get adjusted thru you, their category would have been CR7.
Once she files the form to remove the condition after two years, her category would be different.
Good luck
 
nasrmobin
I had an NPT interview on 04/25/06, which was a mere formality and a waste of time and still no news. If nothing happens till mid-July, I'm filing Writ of Mandamus to complel the NSC to do their job. The only two original documents I was asked to show at the interview were the original I-94 from the last century and long-expired NP!
 
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nasrmobin
With the INS you never know how long it will be and in my case they start doing something only if they receive a piece of correspondence which mentions legal action against them. Ironically, at the moment I need about couple of month's delay because I'm getting married in a few weeks and plan to change my last name. While I-485 is penidng I'm hoping to through in a name change for free. After all, my case has been stuck for so long, that I can wait a couple more months just to save some money. :cool:
 
Punjabi_Munda said:
The number you are referring to is her Alien number which will stay the same but what I'm referring to is the category on her GC. This category tells I/O or employees of USCIS how she got her GC, meaning the path she followed to get her GC. Asylum based GC have cetgory AS# where # mean 6, 7 etc. The people who get GC thru marriage have a different category that the people who het GC thru Asylum, Emplyment or any other mean.
How did I know that she was a derivative asylee? Well, you mentioned it in your original post.
From your post.... "i think she came here as a derivative to a political/religeous asylum from her mother"
Thanks
Click to expand...

the Alien number on her GC, can the IO trace that number back to her original asylum status? also i'm pretty sure she was a asylum derivative but i can't confirm that yet, have to ask her mom for that info. i just know my wife told me her mom got her here before her 21st birthday so i assumed she came here as a child of a asylee. anyways, if my wife was a principle asylee, will this cause any trouble here after she comes back from her COP? i doubt it will but just wanna make sure. thanks.
 
also, we've asked this question to a couple immigration lawyers and they didn't have a definite answer with these kind of questions and they all recommended my wife to wait for her citizenship first before going back. do those lawyers know something we don't?
 
Kev,

Ask those lawyers to explain this memo then.
http://www.immigration.com/newsletter1/nsc110504.html

According to the center a derivative asylee spouse and children can return to their country of origin with or without the principal. A short trip should not affect the derivatives ability to adjust (adjustment of status). As they can travel advance parole or a refugee travel document can be used for travel.
 
Morning said:
nasrmobin
With the INS you never know how long it will be and in my case they start doing something only if they receive a piece of correspondence which mentions legal action against them. Ironically, at the moment I need about couple of month's delay because I'm getting married in a few weeks and plan to change my last name. While I-485 is penidng I'm hoping to through in a name change for free. After all, my case has been stuck for so long, that I can wait a couple more months just to save some money. :cool:
Click to expand...

Morning, I adivise you not to change your name until you get your green card. I changed my last name when I got married before I got my green card and because of that, instead of issuing me a greencard they are asking me to go for interview. Each officer i talk to are giving me a different information form one another. I think it is a lot easier to change your name once you get your card in your hand. (that is my opinion)
 
Punjabi_Munda said:
As they can travel advance parole or a refugee travel document can be used for travel.
Click to expand...

what about using her NP? hers will be expired next year, is it a good idea to renew it now?
 
Nope

I wouldn't renew it if its still valid. She should use her NP and GC and visit without any worries. Her GC is based on marriage to a USC. Kev, don't underestimate your rights as a US Citizen. Worst scenario, say she loses her GC, which will not going to happen in her case, you can re-apply for her GC. As your spouse USCIS has no choice but to give her GC and that is the bottom line here. I think she is worrying too much. She should just go and enjoy her trip.
 
brook45
Thank you for your valuable input. I decided for myself that whatever's going to happen is going to happen. I will be dealing with the issues as they emerge. As long as my GC is backdated to the date of marriage, that's all that counts to me now. I already know the date when I'm eligible to apply for citizenship. If these morons want to see me again - fine! :p I'll keep a certified copy of a marriage certificate handy! :cool:
 
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