I came in US AS A TOURIST in 2004 and I will marry with a US citizen… how I adjust my legal status after marriage? Please help!

[Cobalt61 0]

I live in US since June 2004 and I applied for I_589 procedure in 2006, like a political refugee, but my case is still in immigration court hearing.

8 month ago I met somebody and we love each other so we decide that pretty soon we want to marry. How can I adjust my legal status after marriage? What do I have to do? I try to figure out by myself which forms I should filing up reading USCIS site but…I didn’t found the answer…

I need desperate HELP and any advice will be appreciated.

Thank you for taking your time to help me

Edited December 27, 2007 by Cobalt61

[Nessa 23]

are you out of status?

[athena_ny 1]

I live in US since June 2004 and I applied for I_589 procedure in 2006, like a political refugee, but my case is still in immigration court hearing.

8 month ago I met somebody and we love each other so we decide that pretty soon we want to marry. How can I adjust my legal status after marriage? What do I have to do? I try to figure out by myself which forms I should filing up reading USCIS site but…I didn’t found the answer…

I need desperate HELP and any advice will be appreciated.

Thank you for taking your time to help me

Under normal circumstances, any overstay and work would be forgiven through marriage to a USC, but since you're already in immigration court, you may want to get in touch with an immigration attorney who can tell you if there will be any complications if you now apply based on marriage to a USC.

[stinger157 0]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

[athena_ny 1]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

[stinger157 0]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

[Cécy 44]

If you are adjusting status in your case (being in the US and getting married to a US Citizen) the guide to read is this one: http://www.visajourney.com/forums/index.ph...page=i130guide2

Now as said above you seem to be in a unique case, so get in touch with an immigration attorney to make sure of your options and if you risk anything.

[Rebecca Jo 1,962]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

[stinger157 0]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

FYI There are certain conditions someone has to meet to be eligible for asylum.

And Romania is not one of the VWP-Countries. Means the author of this article must have been at the consulate to get a tourist visa.

Well, I could go on and on and on and on and on to explain why it will probably end with alot of trouble.

[Rebecca Jo 1,962]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

FYI There are certain conditions someone has to meet to be eligible for asylum.

And Romania is not one of the VWP-Countries. Means the author of this article must have been at the consulate to get a tourist visa.

Well, I could go on and on and on and on and on to explain why it will probably end with alot of trouble.

One can use any means of getting here and claim the status. The VWP has nothing to do with it.

http://immigration.about.com/cs/immigratio...g/AsyleeUSA.htm

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

Edited December 28, 2007 by JohnnyQuest

[stinger157 0]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

FYI There are certain conditions someone has to meet to be eligible for asylum.

And Romania is not one of the VWP-Countries. Means the author of this article must have been at the consulate to get a tourist visa.

Well, I could go on and on and on and on and on to explain why it will probably end with alot of trouble.

One can use any means of getting here and claim the status. The VWP has nothing to do with it.

http://immigration.about.com/cs/immigratio...g/AsyleeUSA.htm

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

And? The websites you offer as explanation show that none of these scenario fits. You should read a bit about the European Union and you would see that there is no reason to declare refugee status or ask for asylum.

We are talking about a european country, not about a third class banana republic.

[Rebecca Jo 1,962]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

FYI There are certain conditions someone has to meet to be eligible for asylum.

And Romania is not one of the VWP-Countries. Means the author of this article must have been at the consulate to get a tourist visa.

Well, I could go on and on and on and on and on to explain why it will probably end with alot of trouble.

One can use any means of getting here and claim the status. The VWP has nothing to do with it.

http://immigration.about.com/cs/immigratio...g/AsyleeUSA.htm

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

And? The websites you offer as explanation show that none of these scenario fits. You should read a bit about the European Union and you would see that there is no reason to declare refugee status or ask for asylum.

We are talking about a european country, not about a third class banana republic.

Which happens to be right next door to Serbia.

[Nanusia & Lukaszek 0]

Since Romania is a part of the European Union it is very likely that your I-589 application will be turned down and you can count on numerous other problems since you came as tourist and claimed political refugee status after that.

You can be sure that USCIS will check everything 1,000 times and you still will have problems after that!

Since you're not an IO, you can't be sure of that.

Please...

comes here as a tourist, claims to be a political refugee (based on his information he is from Romania which is part of the European Union and due to that offers no eligibility to claim refugee status)...

How are the odds that everything will go smooth after he proved himself dishonest before?

You don't need to be an IO to see that there is alot of trouble and disbelieve coming his way.

And FYI, like stated, Romania is part of the European Union. Based on what should his refugee or asylum status be granted? Does that mean that now everyone from the UK, France, Spain, Germany, Austria etc. can claim to be a political refugee? I don't think so. If you don't like your government doesn't mean that you are eligible for refugee status.

Hmmm.

Well, I don't see here in the INA where it says that just because one doesn't like their government that one is INELIGIBLE TO FILE for asylee status, during which pendency of the petition one is legally present. And unless there is an order for removal, one could likely file to adjust status based upon marriage to a USC.

FYI There are certain conditions someone has to meet to be eligible for asylum.

And Romania is not one of the VWP-Countries. Means the author of this article must have been at the consulate to get a tourist visa.

Well, I could go on and on and on and on and on to explain why it will probably end with alot of trouble.

One can use any means of getting here and claim the status. The VWP has nothing to do with it.

http://immigration.about.com/cs/immigratio...g/AsyleeUSA.htm

http://www.uscis.gov/portal/site/uscis/men...0000ecd190aRCRD

And? The websites you offer as explanation show that none of these scenario fits. You should read a bit about the European Union and you would see that there is no reason to declare refugee status or ask for asylum.

We are talking about a european country, not about a third class banana republic.

Which happens to be right next door to Serbia.

Guys, Romania just joined the union; it has not been in as long as countries you compare like France Spain etc. It was not part of the EU when the tourist had entered into the US, therefore declaring asylum could be justified at the time of filing.

To the OP: You have to consult an attorney before you file for AOS after marriage. I believe (not 100% certain though ) that you have to ask to withdrawl the asylum petition first, otherwise having both in the system will mess up your adjustment process. The asylum petitions take yrs and yrs to process, I've heard them taking 10+ yrs to go through the system.

[stinger157 0]

The European Union observes countries for several years to make sure they comply with the standards of other European Union countries. If I remember right Romania entered the EU on May 1st 2005. So the conditions in Romania have been on the european standard for several years before that.

The EU is not so short sighted to judge a country on a one time event.

And JohnnyQuest.

There are several countries next door to Serbia and I am not sure if you get for even one of them a refugee status. Refugees in Europe are mostly from Asia and Africa, but not from Europe. And if you don't believe me; browse the internet and you will find the information.

[peonyflowers99 4]

Cobalt

Let's just back up for a bit and see what you wrote and what I understood:

You have entered the USA based on a tourist visa in 2004, then you applied in 2006 for a refugee application, right here you can not explain the real reason for your refugee application due to the 2 years time frame between the moment you entered the us soil and the time you filled up, by the way, Romania will not qualify in year 2006 as a country eligible for asylum... if you choose to get married now in the USA then you can not adjust your status through marriage. You will get a ban of 10 years due to your overstay on the tourist visa, you will get deported or you will deport yourself, and the fact you applied for asylum makes things more worst now. Go and consult an immigration attorney, but you might waist your time and money for having a negative issue. Sorry, I know it is not what you want to hear, but everything it goes by rules, and once you try to sneak between laws and rules then you are out.

Romania entered the European Community since 01 Jan 07, but it is not like Greece or Croatia, and nobody coming from Romania those days can be considered as a refugee, unless they can prove it ... Big Time.

I wish you all the best,