Please Help my sister in this decision

G

Gebre

Registered Users (C)
My sister applied for GC in 2001 and finger printed in july 2004 after getting Asylum in 2000.Now she is married to her American boy friend. Now her dilemma is :
1,To wait for her GC through the Asylum process b/c she is already finger printed.

2, To go ahead and apply for GC with the marriage process.

She is so confused please advice what to do next???

Gilbert,your input is very important now,please help her.

Thanks a lot
Gebre
 
Gebre said:
My sister applied for GC in 2001 and finger printed in july 2004 after getting Asylum in 2000.Now she is married to her American boy friend. Now her dilemma is :
1,To wait for her GC through the Asylum process b/c she is already finger printed.

2, To go ahead and apply for GC with the marriage process.

She is so confused please advice what to do next???

Gilbert,your input is very important now,please help her.

Thanks a lot
Gebre
Click to expand...

I don't see why not? she can go and apply for GC based on her marriage. She just have to go to local office, file required paperwork and get the temporary GC. As soon she gets the GC, make sure she cancels her original asylum based GC application.
Also very important, she will have to apply for permanent GC after 2 years or they will asume that she abandoned the application. After 3 years she is eligible for naturalization. I would check with the lawyer or call USCIS 800 number to confirm that you can do this, but as far as I remeber from the old posts, you can have 2 application pending at the same time.
Hope this helps. Just remember, I'm not lawyer so professional help is always helpful.
 
Last edited by a moderator:
get information from two attorneys at least, please don't rely solely on this forum (but I do think that the Green card through marriage is better, if she fully trusts her marriage will work out at least in the next 3-5 years. I don't htink she wants to loose all avenues in case something goes wrong)
 
I am not an attorney but from my personal experience one thing to consider is how did she entered USA?

If one has entered legaly in USA then she can apply for adjustment of status via marrying her BF. If she did not enter the US legally then it can come back to haunt her during her adjustment as DHS (Dept Homeland Security) is very particular about legal entry in USA. One has better chance of securing permanet residency via asylum if the first entry to USA was not legal versus marrying someone....


Regards,
 
Thank you guys for your reply.
She entered to this country legally and she is not afraid of any wrong doing.
She thinks she may get the GC sooner through asylum b/c any ways she has to wait for at least 2-3 years to get through marriage as well.
Her hope is high b/c she got finger printed and she thinks she may get her GC the next 2 years or so.

Thanks
Gebre
 
Gebre said:
Thank you guys for your reply.
She entered to this country legally and she is not afraid of any wrong doing.
She thinks she may get the GC sooner through asylum b/c any ways she has to wait for at least 2-3 years to get through marriage as well.
Her hope is high b/c she got finger printed and she thinks she may get her GC the next 2 years or so.

Thanks
Gebre
Click to expand...

why do you say 2-3 through marriage? my friend got approved in few months (for temporary GC, which is almost the same as permanent GC. He just have to wait 2 years). Also I have another friend who did this for his wife. Same case ... Maybe different USCIS local centers?
And again, the only important question is: Can you have two application pending at the same time???
 
My understanding is that you can have multiple I-485 simultaneously but you can obtain your permanent residence only once so effectively you have to withdraw or abandon the other I-485 applications...

Regards,
 
RAsylee said:
My understanding is that you can have multiple I-485 simultaneously but you can obtain your permanent residence only once so effectively you have to withdraw or abandon the other I-485 applications...

Regards,
Click to expand...

there you go ... whichever you get first, cancel the other. Should be simple ...
 
Thank you very much,you guys are very helpful.
She will go to her lawyer and start the marriage GC process.

Thanks again
 
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