GC holder with US citizen baby, what to do?

F

faten

Registered Users (C)
Hi everey body,
I wish everey thing is going good.
I am a green card holder through derivitve asylum from my father. I got marreid out of the USA. I came to the US without my husband. Now i had my baby here in US.
My dream is seenig my husband here and live together in the USA.

What can I do apply for my husband.?

Thank you ,
Faten
 
I travelled to COP and some said , i am not going to fet the USC because such travel!! is it true, i am lost.
 
faten said:
it is valid? why? please , tell me..
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Being married during the GC process disqualifies you from obtaining a derivative GC if the primary applicant is your parent.

Your GC is a derivative one based on your father, so your GC will be revoked once USCIS discovers that your marriage occurred while your GC was pending.

However, traveling to the COP is not likely to be an issue, because you are the derivative. Your problem is the marriage.
 
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so do you mean if the marriage was after getting the green card, there will be no problem??? please help.
 
faten said:
so do you mean if the marriage was after getting the green card, there will be no problem??? please help.
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Correct. Derivative GC requires being unmarried during the GC process, if the primary applicant is your parent. After GC approval, marriage is OK.
 
Jackolantern said:
Correct. Derivative GC requires being unmarried during the GC process, if the primary applicant is your parent. After GC approval, marriage is OK.
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thank you

but
my green card says:
Resident Since : 6\12\2008
what do you think if the marriage was after this date.?i mean in the end of december 2008 ? However, i recieved the green card in 7\16\2009.??

would explain more,
 
Dear faten.
Technically in case like yours, Applicant must be unmarried any remain unmarried to be eligible to adjustment of status even though USCIS backdate your residency, you still should be unmarried to be eligible at the time of adjustment of status. Conclusively if you marriage officially was registered with any government civil authority on or before 6\12\2009 you would not be eligible for PR status and if adjudicator knew about it he/she would not adjudicated you to permenent residency. Apparently you have past that stage and My suggestion: If you hane not already report your marriage anywhere with USCIS claim your baby was born out of marriage if ever come up and straight up your marriage documents by devorcing and remarrying your husband and because your marriage accured out of country it will be easier to play around it and then once you become USC apply for him submitting 2nd marriage certificate as a document . Your other option is that your US born baby apply for him after his or her 21st birthday which I doubt you will wait that long.
Some folks might now say I am teaching you how to cheat and all other negative comments but in my opinion what is important right now is unity of the family and keeping it intact, that's why I suggest you what I think is right to do on your situaion.
I truly wish you luck on this issue
 
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faten said:
the card shows:
Resident Since: 6\12\2008.
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Looks like it got backdated by 1 year due to asylum.

So your December 2008 marriage occurred after the backdated date, but before the AOS was approved in reality.

Which brings up another interesting question ... which is whether they look at the backdated date as listed on the card, or the reality-based date to determine whether the marriage occurred prior to GC approval. I believe it would be the latter ... but I wouldn't be shocked if some precedent out there indicates otherwise.
 
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Jackolantern said:
Looks like it got backdated by 1 year due to asylum. So your December 2008 marriage occurred after the backdated date, but before the AOS was approved in reality. Which brings up another interesting question ... which is whether they look at the backdated date as listed on the card, or the reality-based date to determine whether the marriage occurred prior to GC approval. I believe it would be the latter ... but I wouldn't be shocked if some precedent out there indicates otherwise.
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Yup. This is an interesting case. My guess would be that if one if no longer eligible for derivative asylum when the I-485 is adjudicated, no matter whether its backdated, there will be a problem. Looks like one needs legal assistance here.
 
I agree with Jackolantern and TRC. Asylum cases are backdated by a year upon approval. This is no way protects the beneficiary from any doubts with regards to the validity of the approval itself. The OP got married before her derivative asylum was approved. In my opinion, her GC status itself is not valid. She needs competent representation.

TheRealCanadian said:
Yup. This is an interesting case. My guess would be that if one if no longer eligible for derivative asylum when the I-485 is adjudicated, no matter whether its backdated, there will be a problem. Looks like one needs legal assistance here.
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