derivative asylee green card

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bestrueman

Registered Users (C)
Hello,

I am having this situation that I really need your help.

My wife was an asylee who got her green card last year (Oct 2010). She applied derivative asylee for me and it was approved in Sept 2010. Now I am waiting for one year to apply my green card via derivative asylee.

My question is what if my wife divorces me after I submit i485 in Sept 2011? What if she divorces me after I get green card?

Do I have to maintain marriage with her during the waiting period after submitting i485? Do I have to maintain marriage with her even after getting Green Card? Will the divorce impact applying US citizen in future?

Thank you for your help. CAN ANYBODY HELP ON THIS PLEASE?
 
Last edited by a moderator:
I have GC based on asylum and Im derivative.
I'm not sure but if you get divorced after you recieved green card, you can loose your status (your green card) since you are not the one who was a principal applicant.
so I guess you have to be married untill you are eligible/ready to apply for citizen. you have to stay married...

i'm wondering is there any way to save your status after divorce?
 
@mysmile: Wow, you got your GC VERY FAST and it was processed in TSC. The weird thing was the processing time in TSC is still in Nov 2010 and yet your GC petition has already been approved. Did you get any email and LUD when your case status moves from Acceptance stage/Initial review to Final Decision? Thanks
 
bestrueman said:
Hello,

I am having this situation that I really need your help.

My wife was an asylee who got her green card last year (Oct 2010). She applied derivative asylee for me and it was approved in Sept 2010. Now I am waiting for one year to apply my green card via derivative asylee.

My question is what if my wife divorces me after I submit i485 in Sept 2011? What if she divorces me after I get green card?

Do I have to maintain marriage with her during the waiting period after submitting i485? Do I have to maintain marriage with her even after getting Green Card? Will the divorce impact applying US citizen in future?

Thank you for your help. CAN ANYBODY HELP ON THIS PLEASE?
Click to expand...

Bestrueman:

There a number of factors that need to be considered when discussing deravitive status and divorce.

Did you pay your way when you came here. For exmple, did you pay airfare, medical, visa processing fee out of your pocket or some some other organization paid for it. If you paid your expenses out of your pocket, chances are that will most likely lose your deravitive status if you divorce before I-145 approval;however, there is process that will allow you to apply for asylum on your own (nun pro tunc); google it to learn more about it. Once your greencard is approved, then you are free man and will have citizenship without problem.
So in short you need to figure out under which visa caterogy you came here. Some deravitive divorce and adjust easily; others go through hell if the divorce...good luck
 
mysmile said:
I have GC based on asylum and Im derivative.
I'm not sure but if you get divorced after you recieved green card, you can loose your status (your green card) since you are not the one who was a principal applicant.
so I guess you have to be married untill you are eligible/ready to apply for citizen. you have to stay married...

i'm wondering is there any way to save your status after divorce?
Click to expand...

You can divorce without problem....Once you get your greencard, you are free on your own
 
2 asilum:
it was fast for sure! I prepared myself to wait at least 4 month as it says on their website but turned out it took only 2 month.
My case status has been "Initial review" stage for all the time.
First I checked my husband's case status and it was "approved and we mailed you an approval notice". Mine was still on Initial review. and in 1 week I checked my mailbox and found 4 envelopes: 2 with notice and 2 with green card.
they all came at the same day! Butthey kind of forgot to update my case status at first place and didn't update my husband's case status on "Card production" after all.

need to check case status once again just to make sure it's all real)))

PS: all document I prepared myself without a lawer. I sent minimum papers because I didn't want IO to get lost in there.
 
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