Permanent Resident applying for Wife who is an Asylee and in USA>

[Nyutka 0]

Hi guys I need an advice, I called immigration 3 times and kept getting different answers on this issue.

I entered United States on 11/13/2001 legally. My mom was granted an Asylum status and then she filed a petition form me. In 01/2004 I applied for a green card (as a child of a person who was granted an Asylum status). In 06/2005 I got married, and my Husband who is also on an Asylum status got his green card few months later of our marriage. Last Friday I got a letter from Immigration saying that since I got married I am no longer considered as a "child" so my application was denied. Now my husband filled out I130 and we are having it ready to mail it to California Service Center Tomorrow. I have few questions on this.

1. First the CA service center shows that they process applications that were filled on 01/2005. Is this means that they are just now approving I130 for those people or issuing a visa number?

2. Also what other choices I have? Can I jut go head and file I485?

Thanks in Advance

[pervez 4]

Hi guys I need an advice, I called immigration 3 times and kept getting different answers on this issue.

I entered United States on 11/13/2001 legally. My mom was granted an Asylum status and then she filed a petition form me. In 01/2004 I applied for a green card (as a child of a person who was granted an Asylum status). In 06/2005 I got married, and my Husband who is also on an Asylum status got his green card few months later of our marriage. Last Friday I got a letter from Immigration saying that since I got married I am no longer considered as a "child" so my application was denied. Now my husband filled out I130 and we are having it ready to mail it to California Service Center Tomorrow. I have few questions on this.

1. First the CA service center shows that they process applications that were filled on 01/2005. Is this means that they are just now approving I130 for those people or issuing a visa number?

2. Also what other choices I have? Can I jut go head and file I485?

Thanks in Advance

I think you are in a pickle. The I-485 AOS only applies to relationships where one person is a US Citizen and the other one not, but not situations where one of the person is a Permanent Resident and the otherone not.

Marriage invalidates all status claims through your parents, and as your husband is not a citizen then you have a large problem ahead of you. It can't be expected that one knows all the rules beforehand, but this is one where a irreversible error has been made, that you can't reverse in any good manour, as marriage to a permanent resident does not entitle the spouse to seek permanent residence but only to get into a waiting line for a visa number, which will take years.

Hopefully someone with a better more qualified experience will comment on this thread.

Edited November 6, 2007 by pervez

[pervez 4]

Hi guys I need an advice, I called immigration 3 times and kept getting different answers on this issue.

I entered United States on 11/13/2001 legally. My mom was granted an Asylum status and then she filed a petition form me. In 01/2004 I applied for a green card (as a child of a person who was granted an Asylum status). In 06/2005 I got married, and my Husband who is also on an Asylum status got his green card few months later of our marriage. Last Friday I got a letter from Immigration saying that since I got married I am no longer considered as a "child" so my application was denied. Now my husband filled out I130 and we are having it ready to mail it to California Service Center Tomorrow. I have few questions on this.

1. First the CA service center shows that they process applications that were filled on 01/2005. Is this means that they are just now approving I130 for those people or issuing a visa number?

2. Also what other choices I have? Can I jut go head and file I485?

Thanks in Advance

I think you are in a pickle. The I-485 AOS only applies to relationships where one person is a US Citizen and the other one not, but not situations where one of the person is a Permanent Resident and the otherone not.

Marriage invalidates all status claims through your parents, and as your husband is not a citizen then you have a large problem ahead of you. It can't be expected that one knows all the rules beforehand, but this is one where a irreversible error has been made, that you can't reverse in any good manour, as marriage to a permanent resident does not entitle the spouse to seek permanent residence but only to get into a waiting line for a visa number, which will take years.

Hopefully someone with a better more qualified experience will comment on this thread.

See:

http://travel.state.gov/visa/immigrants/ty...types_1306.html

The category for this is under Limited Family-based, category F2.

[Nyutka 0]

pervez Tnx for respond I'll continue checking what my other options are.

[florida_guy07 0]

pervez Tnx for respond I'll continue checking what my other options are.

Sad, but I am afraid pervez is correct. A huge mistake has been made but nothing is all lost, it will take somewhat longer but you will be a resident soon.

**if only you had waited to marry him legally...***

[jula 0]

Hi guys I need an advice, I called immigration 3 times and kept getting different answers on this issue.

I entered United States on 11/13/2001 legally. My mom was granted an Asylum status and then she filed a petition form me. In 01/2004 I applied for a green card (as a child of a person who was granted an Asylum status). In 06/2005 I got married, and my Husband who is also on an Asylum status got his green card few months later of our marriage. Last Friday I got a letter from Immigration saying that since I got married I am no longer considered as a "child" so my application was denied. Now my husband filled out I130 and we are having it ready to mail it to California Service Center Tomorrow. I have few questions on this.

1. First the CA service center shows that they process applications that were filled on 01/2005. Is this means that they are just now approving I130 for those people or issuing a visa number?

2. Also what other choices I have? Can I jut go head and file I485?

It is correct that you are no longer eligible for PR status as a child.

If your husband, a permanent resident, petitiones for you, you'll have a long wait before you'll get GC.

In the meantime, you get no status based on I-130 even when it gets approved. You can NOT file I-485 before the priority date is current (which nowdays take 5 years)

You need to find out (I don't know too much about the asylum cases):

- what's your current status? If you have none, you may be in risk of being deported.

- when can your husband become US citizen? you can then change a category and file I-485 immediately

- you two got married before your husband was granted PR status. Can you derivate status as a spouse from that petition ?(providing it was his own petition; did not file as a dependant)

I think you need a competent lawyer to go over your options.

The I-485 AOS only applies to relationships where one person is a US Citizen and the other one not, but not situations where one of the person is a Permanent Resident and the otherone not.

not true. A person who was petitioned by PR, may adjust status in the USA if he/she is here legaly when the priority date becomes current.

[Nyutka 0]

**if only you had waited to marry him legally...***

Tnx for respond, but I am Armenian, and leaving with boyfriend without being married not works for me

[Nyutka 0]

You need to find out (I don't know too much about the asylum cases):

- what's your current status? If you have none, you may be in risk of being deported.

- when can your husband become US citizen? you can then change a category and file I-485 immediately

- you two got married before your husband was granted PR status. Can you derivate status as a spouse from that petition ?(providing it was his own petition; did not file as a dependant)

I think you need a competent lawyer to go over your options.

Tnx for the respond.

I am still an asylee, that is what the letter from USCIS was showing that I have my asylum status, but I can't apply for adjustment, so I do not warry about deportation.

My Husband is going to apply for citizenship in 09/2009, so basically 2 more years to file and maybe 6 months to get the status.

He got is LPR when we were married, and he was on his own not a dependant.

And about the lawyers, here in LA their prices are just radiculous. My brother had a similiar problem when we filed for his I485, he was called for the interview cause he was over 21 and wasn't considered as a child so Lawyers asked us $3000-5000 for this. We refused to take a lawyer, I filled out the papaerwork he went to interview on his own.

The think is that the USCI is really unfair, my friend was married with two kids same as age as I got her green card through her mom, and was considered as a child. So I think my officer wasn't in mood the day he/she was working on my file

What I am hoping on since I am considered to be legal in this country, I have a right to travel and work, I was hoping that my application will be processed faster

[Nyutka 0]

You need to find out (I don't know too much about the asylum cases):

- what's your current status? If you have none, you may be in risk of being deported.

- when can your husband become US citizen? you can then change a category and file I-485 immediately

- you two got married before your husband was granted PR status. Can you derivate status as a spouse from that petition ?(providing it was his own petition; did not file as a dependant)

I think you need a competent lawyer to go over your options.

Tnx for the respond.

I am still an asylee, that is what the letter from USCIS was showing that I have my asylum status, but I can't apply for adjustment, so I do not warry about deportation.

My Husband is going to apply for citizenship in 09/2009, so basically 2 more years to file and maybe 6 months to get the status.

He got is LPR when we were married, and he was on his own not a dependant.

And about the lawyers, here in LA their prices are just radiculous. My brother had a similiar problem when we filed for his I485, he was called for the interview cause he was over 21 and wasn't considered as a child so Lawyers asked us $3000-5000 for this. We refused to take a lawyer, I filled out the papaerwork he went to interview on his own.

The think is that the USCI is really unfair, my friend was married with two kids same as age as I got her green card through her mom, and was considered as a child. So I think my officer wasn't in mood the day he/she was working on my file

What I am hoping on since I am considered to be legal in this country, I have a right to travel and work, I was hoping that my application will be processed faster