Asylum and Marriage

[cshall2024 0]

Hello fellow VJers:

I am a US citizen, and I divorced my wife who I sponsored on an IR-1 visa seven years ago. She is a permanent resident residing in the USA. I divorced her because of her abusive personality to the point of legal involvement. One cannot imagine what I endured during the last three years of our marriage.

Now that I am moving on with my life, I met a lady who recently entered the US. Here is her situation:

 

She was detained at the border for two days, processed, and given probation status as an asylum seeker. She has been in the country less than two months. She currently cannot work or travel outside the USA. As most couples discuss, the possibility of marriage does come up. After checking with an attorney, she was told that if she married a US citizen, then she could be placed at risk of deportation because the government could view it as a transaction, given her probationary status. She said that she has to apply for her work permit and then present herself to an immigration judge within 4 years. The reason that I am coming here is because I would not do anything to put her or myself at risk. 

 

I am not understanding what it means to be "probationary status" as a potential asylum seeker. Why does she have 4 years to apply if she only has a probationary stay? I'm utterly confused. The big question is if there is any path forward to marry her without her returning to her home country (she can't because her life would truly be in jeopardy). I thought she could adjust her status. But turns out that she really doesn't have a status? Am I correct? She said that she is "illegal" but how is she illegal if she was processed at the immigration station?

 

Then the second question is if UCSIS will look at me more harshly since I have already sponsored one immigrant (my ex-wife). Although I have strong feelings for her, even in a normal situation, I wouldn't marry her quickly. I also would do nothing to put her or myself at risk. If that were the case, I wouldn't marry her at all. The fact is that I do not want to continue falling for her if this becomes an impossible process. The overall question is if there is a path forward for us to be married without her having to return to her home country? I am almost to the point of ending it with her, if there is no path forward for either of us, just to save a lot of time and emotional heartbreak. However, if there is a path forward, I would like nothing more than to continue with her.

 

Can someone help me with this? I am utterly confused because I know very little about how asylum works, especially if potential marriage to a US citizen is involved. And will UCSIS look at me with more scrutiny after having sponsored one immigrant through marriage?

Thank you so much. 

 

Edited April 22 by cshall2024

[Vickys_Mom 225]

I can't answer the first part.

 

I married my first wife in the U.S. in May of 2000.  My divorce was finalized in the U.S. in March of 2004.  (She was already back in Russia and to my knowledge never entered the country again.)  Even though I sent them a copy, INS/CIS (that's how long ago this was) still sat on the form another four years before sending me a note that my application was cancelled because we were no longer married.

 

I married my second wife in April of 2011.  She got her naturalization in October of 2014.  

 

The only time my first wife came up during my second wife's paperwork was for me to prove that my marriage had been properly ended by divorce.  I still had a copy of my first marriage license and I submitted both it and the divorce decree.

 

If it was five days after you divorced the first wife, they might scrutinize it.  It sounds like your first marriage was terminated properly and you're not just marrying people for green cards.  I think you're okay.

 

Again, I can't speak to the first part.

 

Regards,

Vicky's Mom

[Daphne . 1,852]

Did you already know her before she entered the US? When did you meet her? Even if you met her the day she entered the US, discussing marriage (especially in her circumstances) seems VERY hasty.. 

[mam521 2,062]

34 minutes ago, cshall2024 said:

I am not understanding what it means to be "probationary status" as a potential asylum seeker. Why does she have 4 years to apply if she only has a probationary stay?

An asylum seeker is granted the right to stay in the US while their case is being adjudicated.  It's basically permission to be in the US until they have a date with an immigration judge, but that's as far as it goes.  During that permitted time, the person must file the appropriate paperwork to request that they not be deported and be allowed to stay legally.  They only have a year to do this.  I'm guessing the 4 years is how long it could potentially take for that case to be adjudicated.  

 

The information is here: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

 

But seriously, I'm with @Daphne . on this one - if you didn't know her previously, this whole scenario seems really hasty and somewhat suspect.  

[discoverusa 258]

Where is she from?

[randomstairs 303]

3 hours ago, cshall2024 said:

She said that she is "illegal" but how is she illegal if she was processed at the immigration station?

The probation is a gray area. If her asylum case is eventually approved by the immigration judge, she will not have accumulated any unlawful presence. If the judge denies her case, all the days of her probationary status will be counted as unlawful presence. So, she has no status AND is currently in the country lawfully. 

[powerpuff 6,697]

*** Topic moved from IR1/CR1 spousal visa forum (consular processing) to Adjustment of Status work/tourist/student/other visas ***

[SalishSea 17,818]

Seems a bit odd to discuss marriage within mere weeks of meeting someone, especially when you’ve already had a bad experience with a foreigner…..