Please I Need Help And Advise About My Situation !

D

-DRAGON-01

Registered Users (C)
I'm looking for advise because my situation is a little bit complicated.
I just received my GC. The notice day fot my GC is Sep. 13 2006 and I received the Card in Sep. 19 2006
I was married for USC before my asylee was granted.You know that it takes time to get the GC from asylum and that's why me and my husband decided to sent I-130 and I-485 based in our marriage but I send these forms 2 weeks before the notice day for my GC. Actualy now I have a GC based in asylum and open case based my marriage.
My question is:
Do you think if I finish my marriage case I can change the AS 6 category to a marriage category or I just have to call and drop these applications ?
I also have the receipts from I-130 and I-485 and an appointment date for biometrics.

Thank you !
:rolleyes: :rolleyes: :rolleyes:
:confused: :confused: :confused:
 
letzka said:
I'm looking for advise because my situation is a little bit complicated.
I just received my GC. The notice day fot my GC is Sep. 13 2006 and I received the Card in Sep. 19 2006
I was married for USC before my asylee was granted.You know that it takes time to get the GC from asylum and that's why me and my husband decided to sent I-130 and I-485 based in our marriage but I send these forms 2 weeks before the notice day for my GC. Actualy now I have a GC based in asylum and open case based my marriage.
My question is:
Do you think if I finish my marriage case I can change the AS 6 category to a marriage category or I just have to call and drop these applications ?
I also have the receipts from I-130 and I-485 and an appointment date for biometrics.

Thank you !
:rolleyes: :rolleyes: :rolleyes:
:confused: :confused: :confused:
Click to expand...

My advise is ask to a lawyer because if you already have GC based in your asylum you cannot get another status based in marriage. I don't know very well but ask if you can stop this process before it getting worse. Good Luck!!!
 
letzka said:
I'm looking for advise because my situation is a little bit complicated.
I just received my GC. The notice day fot my GC is Sep. 13 2006 and I received the Card in Sep. 19 2006
I was married for USC before my asylee was granted.You know that it takes time to get the GC from asylum and that's why me and my husband decided to sent I-130 and I-485 based in our marriage but I send these forms 2 weeks before the notice day for my GC. Actualy now I have a GC based in asylum and open case based my marriage.
My question is:
Do you think if I finish my marriage case I can change the AS 6 category to a marriage category or I just have to call and drop these applications ?
I also have the receipts from I-130 and I-485 and an appointment date for biometrics.

Thank you !
:rolleyes: :rolleyes: :rolleyes:
:confused: :confused: :confused:
Click to expand...


No worries--they will not issue you 2 GCs. Call cis and talk to an IO
 
letzka said:
So I just have to call adn drop may I-130 And I-485?
Click to expand...

Yes, now that you are a permanent resident based on your asylum status, you cannot get two green cards and you should call and cancel your I-130 and I-485
 
Yes, you can.
you can have a green card asylum base adjusted to spouse petitioned green card base (that happen all the time). It is routine standard.
let us say that you obtained a green card through political asylum, a year later or two (2) years later, you married a USC. That alone entitled you for adjustment of status, from asylee to alian relative petition. I-485 means Register to Permanent Resident OR Adjustemnt of status.
Yes, you can change it.
 
Really????

themen said:
Yes, you can.
you can have a green card asylum base adjusted to spouse petitioned green card base (that happen all the time). It is routine standard.
let us say that you obtained a green card through political asylum, a year later or two (2) years later, you married a USC. That alone entitled you for adjustment of status, from asylee to alian relative petition. I-485 means Register to Permanent Resident OR Adjustemnt of status.
Yes, you can change it.
Click to expand...


"routine standard" and "happens all the time" ??????

Where is the source that supports this claim???? Which statuory or regulatory provision purports to permit this?

Please do not spread inaccurate information.


Here are the rules from Section 23.2(c)(2) of the USCIS Adjudicator's Field Manual:

Universal and Near-Universal Bars to Adjustment of Status. Certain persons are barred from adjustment of status regardless of the provision of law under which they are seeking the benefit. They include:

*********
(B) Lawful Permanent Residents of the U.S. Occasionally, someone who had previously been granted LPR status may wish to “re-adjust” on some other basis. Frequently, this is due to the alien’s discovery that such other basis would entitle him or her (or one of his or her dependents) to additional benefits under the Act or some other law. Before an LPR can apply for and be granted adjustment of status, he or she would first have to lose LPR status, which can only occur through abandonment upon departure, through rescission under section 246, or through an order of removal in Immigration Court. If an LPR files an application for adjustment, you must deny the application. However, do not place the alien into removal proceedings (unless the alien is subject to removal proceedings on some other basis, in which case the matter has to be referred to the Investigations Branch for NTA issuance).
 
Letzka,

I do not know how dearly you want to accomplish this. It is possible to do it through processing at a U.S. embassy or consular abroad (the USCIS itself will not entertain another I-485 if you have your green card). But it will be a huge hassle with countless built-in traps for the unwary. Let me know if you want more information.
 
Thanks ,thankful
I see I can't do thise change :( .

So do you think I have to call USCIS and drop these aplications?
And how I can travel now PR :confused: RTD or NP ?

Thank you :)
 
letzka said:
Thanks ,thankful
I see I can't do thise change :( .

So do you think I have to call USCIS and drop these aplications?
And how I can travel now PR :confused: RTD or NP ?

Thank you :)
Click to expand...


It behooves you to officially withdraw the applications. Or the USCIS will probably go through the formality of denying the adjustment file (though that denial will not have real impact on your life).

I recommend either a RTD or a reentry permit to travel. Some people have used NP without issues but it could (repeat could) raise problems later on. Moreover I found the RTD or the RP (after all they are American documents) to be much more convenient than my np.
 
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I am wondering how this happened in the first place. I once asked an IO about a situation like this. She told me that I can't have two active application.

My advice is that you just write to them and withdraw the application. Or just miss the biomictrix. They will deny your application. Also remember that if you are married to a US citizen for three years and you get your asylum greencard all you need to wait is two years before you can apply citizenship. So the best choice is to wait for two years and change you AS8 to citizen...good luck...
 
letzka said:
So I just have to call adn drop may I-130 And I-485?
Click to expand...
just hold on to your asylee Green card and plan ahead for the citizenship.
the good news about your marriage deal that you can apply within 3 year for citizenship.
the bad news is.. since you have now 2 A# file number ..you may encounter delays upon naturalization process .
 
faysal said:
I am wondering how this happened in the first place. I once asked an IO about a situation like this. She told me that I can't have two active application.

My advice is that you just write to them and withdraw the application. Or just miss the biomictrix. They will deny your application. Also remember that if you are married to a US citizen for three years and you get your asylum greencard all you need to wait is two years before you can apply citizenship. So the best choice is to wait for two years and change you AS8 to citizen...good luck...
Click to expand...

Are you sure about this? I don't think you are right. I don't believe that you could file for naturalization after three years because Letzka did not obtain her green card based on marriage - it was based on asylum. Therefore, she would have to wait the normal five years. Otherwise, the green card code could be different. My mother faced the same situation (she remarried after my father died and her husband was a USC) but her asylum green card was approved two weeks before she got married. So I don't think you can apply after three years - it must be the normal five now.
 
vdostoi1 said:
Are you sure about this? I don't think you are right. I don't believe that you could file for naturalization after three years because Letzka did not obtain her green card based on marriage - it was based on asylum. Therefore, she would have to wait the normal five years. Otherwise, the green card code could be different. My mother faced the same situation (she remarried after my father died and her husband was a USC) but her asylum green card was approved two weeks before she got married. So I don't think you can apply after three years - it must be the normal five now.
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doesn't matter how you get the Green card...long you married/live/reside with US citizen and you have your permanent resident for 3 year :you can apply for citizenship.
 
jubilee said:
doesn't matter how you get the Green card...long you married/live/reside with US citizen and you have your permanent resident for 3 year :you can apply for citizenship.
Click to expand...


Correct.
 
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