marrying a green card holder

[djibking 0]

hello every one

I m in the USA and still pending asylum....it might take a year ot two before i got my 1st interview

I m currently waiting decision on my EAD.

I m met a permanent resident...We are marrying soon.

Do you think I can adjust my status once she files the I 130.etc..

I mean is it ok for a green card holder to file for her husband OR she 1st has to be a US citizen to do that.

I know I still have a long road to go but any response could be helpfull.

Thanks in advance.

[Inky 1,111]

Moved from adjustment of status from family based visas to adjustment of status from work student tourist as the OP is not adjusting status from a family based visa but is in the process of asylum.

[kzielu 1,149]

Can't adjust status after marying a GC holder. First there is no visa number immediately available (need to wait for you PD to become current - 2-3 years), second you need to have legal status at the time of adjustment.

[Hypnos 6,578]

Not just the time of adjustment; for family preference cases (i.e. anything other than an immediate relative) you must have maintained a lawful nonimmigrant status during your entire time in the US.

Edited February 7, 2013 by Hypnos

[djibking 0]

Not just the time of adjustment; for family preference cases (i.e. anything other than an immediate relative) you must have maintained a lawful nonimmigrant status during your entire time in the US.

Are u saying that my wife wont be able to file the I 130 for me if she is a GC?

why would i need a visa if im already in USA?

I m already here in the US and pending asylum ,, I have an EAD renewable every year

I have no problem maintaining a legal presence in the US

What is a PD please

Thanks for ur reply guys for me

[djibking 0]

Can't adjust status after marying a GC holder. First there is no visa number immediately available (need to wait for you PD to become current - 2-3 years), second you need to have legal status at the time of adjustment.

thanks for ur reply

are saying my GC wife to be would not help me adjust ? Is it better with a citizen?

why would I need a Visa if i m still already in USA

Im pending asylum an have an EAD... i have no problem maintaining a legal status here in US

Whats a PD please?

thanks in advance

[Penguin_ie 5,997]

Your wife can file a I-130 for you, but not a I485- ie she cannot help you adjust status, unless she is a citizen.

PD stands for priority date- there are only a certain number of visas given to spouses of greencard holders every year, which is why there is a 2-3 year waitinglist. Your "turn" is determined by your priority date.

[djibking 0]

Your wife can file a I-130 for you, but not a I485- ie she cannot help you adjust status, unless she is a citizen.

PD stands for priority date- there are only a certain number of visas given to spouses of greencard holders every year, which is why there is a 2-3 year waitinglist. Your "turn" is determined by your priority date.

thanks for the clarifications

really appreciate it