Question on Asylee marrying a USC

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copper1

Registered Users (C)
I will be getting married this summer and my wife to be is expecting to become a USC by the end of the year.

What I would like to know if I have her sponsor me what would happen to my Asylee Status? Would I have to forfeit it? Would I still need to apply for refugee travel document?

Also My I485 Receive date was September 19 2000, would it not be a better idea for me to wait for my own green card and after wards just apply for citizenship earlier as a spouse of USC?

Do I have to notify INS with my marriage to USC?



Thanks,

Copper1
 
If I'm in your shoes, I would file double I-485. By the time you get in line to get your GC or this lawsuit finally ends in a good way, you might get your GC through your wife. Again, if you research some of the old topics, you will see that you can have 2 I-485 application pending at the same time. NEVER FORFIT YOUR ASYLEE STATUS, just in case. You will notify USCIS by filing I-485 based on your marriage. After you get your GC, then cancel second application that is pending. Also, remeber that if you file through your wife, you will get 2 yr conditional GC, but you will be able to file for citizenship in 3. If you wait as asylee then it is time untill your group is processed +4 years to citizenship.

This is just an advice, I'm not a lawyer.
 
Through your wife

But if you get your card through your wife, some other asylee who gets your spot might make him feel the happiest man alive :)
 
Yes, you are allowed to have two I-485s pending at the same time. When you get one approved then you can withdraw the other.


copper1 said:
I will be getting married this summer and my wife to be is expecting to become a USC by the end of the year.

What I would like to know if I have her sponsor me what would happen to my Asylee Status? Would I have to forfeit it? Would I still need to apply for refugee travel document?

Also My I485 Receive date was September 19 2000, would it not be a better idea for me to wait for my own green card and after wards just apply for citizenship earlier as a spouse of USC?

Do I have to notify INS with my marriage to USC?



Thanks,

Copper1
Click to expand...
 
I would consult a lawyer first. The only problem I can think of is the circumstance surrounding your entrance to the USA. For example, did you come with false documents? Or were you illegal at one point? All of this is OK as an Asylee, because they make you fill out a Form I-602 and approve the waiver for inadmissibility. The situation would be different if you were to adjust as a spouse of a US Citizen.

My point is that it is quite possible to file a 2nd I-485, however, consult a good immigraton lawyer to ensure there aren't any loopholes that would allow CIS to persecute you.

In either case, you will have to wait only 3 years after getting your GC to file for citizenship (provided you are still married to your US citizen spouse). If you get your GC as an asylee, you technically will have to wait 2 years before filing since your GC will be backdated 1 year.

Goodluck. Hope all works out for you.
 
Waiting for filing

Lolali, I thought asylees have to wait four years or 3 years and nine months to be exact before they can file for their citizenship, no?
 
Punjabi_Munda said:
Lolali, I thought asylees have to wait four years or 3 years and nine months to be exact before they can file for their citizenship, no?
Click to expand...

Actually it is 4 years and 9 months from the "resident since" date on the GC. It only ends up being 3 years and 9 months for us asylees because out GC gets backdated one year. So this makes the physical wait time from the date the I-485 is approved to citizen application 3 years and 9 months. Hope this makes sense.

But lets say you married your citizen spouse in Sept. 2003 - and your GC thru asylum got approved in Oct. 2004... Your GC would be backdated to Oct 2003, and you would be eligible to apply for your citizenship on July 2006 ( 2 years and 9 months from the date your GC was approved). Remember as asylees we are backdated one year - and if you marry a US citizen you get to take advantage of the 3 year adjustment rule for spouses of US citizens.

In this same scenario, if you did not marry a US citizen, one would be able to adjust on July 2008 ( 4 years and 9 months from the Oct 2003 backdated approval date).

I tried to explain it as best as I could...hope I didn't confuse anyone.
 
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