Interesting Case!!

N

Nik Sharma 2601

New Member
Hello Sir!

I have a very interesting case.

My girlfriend is an asylee from Afghanistan, she had her asylum approved. I am a student from India on F-1. Can we get married at the moment? She has just applied for Green Card a few days ago. We plan to get married in a month time. Would it affect her case?
I also want to know when I can file as her derivative or file for my adjustment of status.

Please help me out. Hoping to hear from you soon!
 
Is she the principal asylee or a derivative asylee? If she is a derivative asylee as the child of the principal asylee, she should make sure not to marry before she gets her green card, or else she will not be eligible for Adjustment of Status as a derivative asylee. In that case, you guys should marry only after her Adjustment of Status is approved (i.e. she gets her green card), and she can then file I-130 for you to immigrate as the spouse of a permanent resident.

Otherwise, if she is the principal asylee, you still cannot get derivative asylum because you were not married to her when her asylum was approved. You cannot do Adjustment of Status as a derivative beneficiary either. So you would have to wait until her Adjustment of Status is approved (i.e. she gets her green card), for her to file I-130 for you to immigrate as the spouse of a permanent resident once you guys are married. In this case, whether you marry before or after her Adjustment of Status is approved doesn't matter.

The spouse of a permanent resident is in the F2A category, which has a wait for visa numbers of a few years. You would have to maintain your status until you are eligible to file I-485 for Adjustment of Status inside the US, or else you would have to do Consular Processing abroad.
 
She is the principal asylee.

Thanks for the information. I am sorry but do you really think that there’s no way I can apply? Or is it possible for me to just apply for adjustment of status and sit with EAD for a few years for her to get GC and then me getting mine?
 
Nik Sharma 2601 said:
She is the principal asylee.

Thanks for the information. I am sorry but do you really think that there’s no way I can apply? Or is it possible for me to just apply for adjustment of status and sit with EAD for a few years for her to get GC and then me getting mine?
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Because you will be applying as spouse of a LPR, you cannot apply for adjustment of status until your priority date is current in the visa bulletin. At present, that is approximately three years from the date of filing (the wait time could change over the next few years, shorter or longer). Can you maintain your F1 status so as to legally stay in the country while waiting this?
The process is: she gets her green card, she files an i130 for you, you watch the visa bulletin to see when your number is current, at which point you can apply for adjustment of status. If you cannot stay legally in the US, you will have to return to India and do consular processing.
(do not get confused with reading about the process for spouses of US citizens - it is different. I have seen this happen before. Especially, be aware that as the spouse of a LPR, any violation of your current status such as overstay or work outside that allowed by your F1 makes you ineligible to adjust status.)
 
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hey guys,

I’m considering applying for Portugal’s Golden Visa and would love to hear from people who have already gone through the process. From what I understand, Portugal offers a relatively straightforward path to residency through investment, with options such as real estate purchases, capital transfers, and job creation. One of the main draws of the Golden Visa program is the ability to live, work, and travel freely within the Schengen Area, as well as the potential to apply for permanent residency and citizenship after five years. I’d love to hear about your personal experience—how long did it take to get approved, what type of investment did you choose, and were there any unexpected challenges during the application process?
Additionally, I’m interested in hearing about the long-term benefits and any practical aspects of living in Portugal on a Golden Visa. How easy was it to manage the residency requirements, such as the time spent in Portugal each year? Did you find it to be a good investment in terms of lifestyle, tax advantages, or future opportunities? Any tips or advice for someone considering the program would be greatly appreciated. I’m looking forward to hearing your stories and insights to help me make an informed decision!
 
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