Getting married--before or after filing for citizenship.

asanbaitver

New Member
Hi All,

I have a question about getting status through marriage. I have a GC and it is going to be time for me to apply for citizenship in June 09. My girlfriend has been granted asylum but appeal has been filed for her case and the appeal is still pending. We plan to get married soon. We are wondering whether we should get married before or after I apply for citizenship (which scenario will make it easier for her to get legal status the fastest (especially if the appeal on her case is not ruled in her favor).

Thanks!
 
What is she appealing? Her claim of asylum was denied? Or the asylum was granted, but her adjustment of status was denied?
 
What is she appealing? Her claim of asylum was denied? Or the asylum was granted, but her adjustment of status was denied?

I believe the OP meant his girlfriend had been granted asylum by IJ but the USCIS is appealing the decision.
 
Hi All,

I have a question about getting status through marriage. I have a GC and it is going to be time for me to apply for citizenship in June 09. My girlfriend has been granted asylum but appeal has been filed for her case and the appeal is still pending. We plan to get married soon. We are wondering whether we should get married before or after I apply for citizenship (which scenario will make it easier for her to get legal status the fastest (especially if the appeal on her case is not ruled in her favor).

Thanks!

Your girlfriend already has legal status with pending appeal. Asylees can apply for green card after 1 year and it is not conditional. If you get married before or after citizenship she will get a 2 year green card when she finally AOS's and will have to remove conditions after those 2 years. If I were you I would marry her but hold off on AOS until the appeal is decided.
 
In terms of immigration benefits, for this situation I don't see any advantage in getting married before obtaining citizenship. Before becoming a citizen he can't do anything to help her stay legally in the US if she loses the appeal, and without being a citizen he can't do anything to help her get a green card faster than via asylum. I don't see any disadvantage of getting married before citizenship either, except that he would have to deal with the legal and personal headaches of having a spouse living in another country if she lost the appeal and got deported (either that, or the legal and personal headache of leaving the US to be with her).

Once he becomes a citizen, I do agree that it would make sense to wait and see what happens with the asylum case, instead of immediately going ahead and filing for a marriage-based green card. It would be preferable if the GC could be obtained via asylum without the I-751 hassle that a marriage-based GC would bring.
 
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I believe the OP meant his girlfriend had been granted asylum by IJ but the USCIS is appealing the decision.

That's right.
Thanks all. We've heard some widely varying opinions on this before, and better understanding of the situation brings some peace of mind.
 
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