Interesting!

G

God_is_Green

Registered Users (C)
Applied for Asylum......interviewed within the regular time frame ....got married before asylum decision. ......
Case was approved ....and then filed for family petition......now recently got NOID letter for family petiton.

This is my friend's case....

What do you guys think? is there any solution?
 
I think the person said in the application before the approval has been single not married at the time so which will result in NOID
 
Exactly, if you check the approval letter and read the requirement to bring in family in I730, The relationship must have existed before the approval but you can claim and proof for security reasons you were protecting u family. Something comes to mind, if the case was pending on june 17th and then got married on june 20th then INS/DHS approves on June 25th then relationship exist. God_is_Green, can you have u friend share more light with the case, what date the marriage take place and what was the date of approval
 
to make it simple, there are 3 time stages for marriage:

1- before filling the application and conducing interview

2- before recommended approval

3- before final approval "grant of asylum"

so when was the marriage. It concerns me too cause I might be in same situation :)
 
....interviewed ....on dec 10th 2008.......was single when interviewed. ....
got married ....on dec 17th.....final approval issued on dec 24 2008....

some point:
But the I-94 was dated before dec 17th, but does not matter (I believe), applicant was given appointment to pick up the decission on 24th...and was handed the approval notice in person.
As far as I understand the date on i-94 doesnot matter...but the approval date counts. right?
 
did they get married in USA? both were present in marriage ceremony? because this is one of the conditions of I-730


or maybe USCIS have reasons or thought it is a fraud marriage...

What if the USCIS took in consideration the I-94 date? I doubt they will not count that.

according to I-730 instructions, they should take into consideration the final approval "grant of asylum" date.
 
Please have your friend read the approval letter carefully, the I-94 date is used to determine your status, check the approval letter that states "It has been determined that you are eligible for asylum in the united states. Attached please find a completed form I-94, Arrival-departure record, indicating that you have been granted asylum status in the united states pursuant to 208(A) of the INA as of 6/17/2009". so 6/17/2009 will be used as the date of approval so I-94 date is used.
 
I-94 stamped date is ...few days after interview....but decission was given 14 days after interview(which is normal).....
..As far as i understand ..he should be qualified for the petition...right?

did they get married in USA? both were present in marriage ceremony?

They were married in US....
 
yes...but i think i-94 has nothing to with the applicant....

..Applicant was granted asylum...after the marriage...

...usually stamp in i-94 is the date when officer decides the case...and that is not the date of asylum granted (i think).
 
God_is_Green said:
yes...but i think i-94 has nothing to with the applicant....
..Applicant was granted asylum...after the marriage...
...usually stamp in i-94 is the date when officer decides the case...and that is not the date of asylum granted (i think).
Click to expand...

I checked my friends and they have the I-94 backdated, just like your friend's case.

but the I-730 instructions says that marriage should be before the final approval "asylum granted date".

USCIS should look at the final approval letter date not I-94 date, try convincing them of that
 
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.....marriage date is after 3 days of I-94 stamp!!

but decision was picked up after 11 days of marriage...that was the appointment date given by AO to pick up the decision.

Does rebuttal to NOID produce any good output?
 
I see why most people don't even bother responding to topics, you did not answer an important question which was on the approval letter that states "you have been granted asylum status in the united states pursuant to 208(A) of the INA as of ??/??/????" what date did they put??
 
God_is_Green said:
.....marriage date is after 3 days of I-94 stamp!!

but decision was picked up after 11 days of marriage...that was the appointment date given by AO to pick up the decision.

Does rebuttal to NOID produce any good output?
Click to expand...

The date on the I-94 is the date the person was granted asylum. That date controls.
 
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