I HAD AN ASYLUM CASE WHICH WAS DENIED. MY QUESTION IS CAN I STILL GET MARRIED AND LIVE IN THE STATE. IF THE ANSWER IS NO, WHAT OTHER ALTENATIVE DO I HAVE TO STAY IN THE STATE??

when was your asylum case denied and did you timely appeal your case to the BIA? Hopefully you did that, secondly how did you enter the u.s in the first place?? If you entered legally, then yes you can get married(i'm assuming to a usc) and your spouse can file an I130 on your behalf. Once you have the I130 approval you can do a motion to remand back to immigration court for adjustment of status.

Ah the I-130.... If only it fifn't take forever to get an approval ...

I wish you good luck...

"fifn't" would be "didn't" heh heh.. :)

I am in same situation. I have my appeal pending in BIA. However,I have gone through the I-130 form it has instruction that this form can not be used if the individual is in the removal proceedings,since I am in the removal proceedings as well, therefore, I would appreciate if my friend "Guest" can advise on this part of the matter. Thank u.

I dont believe that you are omited from filing an I-130 if you got married during the pending or deportation period. Search the ins web site WWW.INS.GOV for information regarding section 245 subsection (e)(1) under 3. It states that if you can give clear and convincing evidence to the attorney general that the marriage was in good faith and in accordance with the place that the marriage took place, you may be able to get an exception, under section 204(a). The INS blurb is very difficult to interpret, just dont give up hope. Try a probono attorney in your area.

http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-6081?f=templates&fn=document-frame.htm#slb-act245

This is the actual web page. Hope your english is outstanding as it is written to catch even the brightest scholars out.

It seems obvious to me, not just by the posts, but the entire attitude that the only reason for you guys to get married is to stay here...

Can't resist to that, you need to know that there are exceptions, for me, a marriage is not a thing you can fake and play around... There gotta be crooks around us who are trying to fake marriages to be able to stay or to get green cards, but INS is not stupid either, their entire attitude is to eliminate these crooks from staying in here. They are able to tell who is the righteous and who is the crook!

Thank you my friend "GUEST". I appreciate your decent reply. May GOD bless you. GOD helps those who helps other human beings.Thanks again.

Vito, what's your story? I may help you, I am in the same situation...

Hi Bushmaster,

I have a question if you can help... I 've been reading the board for a while and realized that you are really hoping to get an approval for I130
(wish you good luck for that )...
my AOS was denied (Misrepresentation of facts)
i have a notice to see an IJ...do you think I can still file again my I130..i am married to usc for
5 years now and have kids...
thank you boushmaster or anyone who can answer this question...

Thanks for asking AB,

I am not really sure of how "misrepresentation of facts" effect the case, I mean there must be a misunderstanding somewhere down the line, IJ should be fair in that case...

For further assistance:

http://forums.about.com/ab-immigration

I-130 is not impossible to get approved as you might know and it's not a thing to worry about for me at all... If you are in a true marriage, INS can do nothing... Only the timeline is frustrating, I am 25 and it just cost me a year in my life doing nothing, being not able to work and stuff...

To my friends and people who know me:

I am not even supposed to post an answer to this individual (who doesn't know what he is talking about) and drop down to his immature level, I feel the need to clear some points of his accusations... On the other hand, this isn't the place, right topic, thread, post to discuss these things...But this individual prefered to attack in here...

"First of all, if you are married to a USC, why isn't your wife posting any questions or seeking out help for your situation? ...perhaps because you don't live with a wife??? Or is she really so unconcerned with the fact that you could be deported from the USA and barred for many years to reentry?"

Here, this individual questions why my wife isn't posting any questions and seeking any help... Well, how does he know that she doesn't? Does she have to reveal herself like "I am Bushmaster's wife" all the time? No sense... Actually, she doesn't post any questions on the internet (because she doesn't like it) but she reads the posts with me which may concern our situation... Additionally, we both do and share our part of thing in our marriage, being a US citizen, she's been in contact with state congressman and other officials regarding our matter... It's noone's business to judge her and our marriage...

"Secondly, why would you be waiting so long for approval on an I-130? Service centers require that the entire immigration package be filed simultanously, which includes the I-485 and I-864."

This person obviously doesn't know jack about immigration procedures, so I have not much to say, if the individual is in the removal proceedings when the marriage took place, it needs the I-130 approval to terminate the proceedings, and AOS can not be filed for someone who is in removal proceedings...

"I also read that your wife had lived in public housing. That being the case, how does she propose to meet the financial eligibility requirements for the affadavit of support? Does she have a co-sponsor?"

Actually, his only point to bring the filing of AOS to attention is just to question my wife eligibility to support her spouse... When we got married, she was living in a decent apartment complex which was owned by a private company also government subsidized. She was (and is) working in one of the US's biggest banks at a very good position and since she was single that time, she chosed to live there with a very low rent... It was a smart thing to do, and I wish we could have stayed there, the apartments were so big and decent, the neighborhood was excellent, and the rent was 25% cheaper. This person actually confuses the situation with some low-income govnt apartments for those native americans who don't work and on unemployment all the time, but as I said he doesn't know us and he doesn't know what he is talking about... He also asks about a co-sponsor, if that's the case I have a wonderful mother-in-law and a church who are ready to help at any time...

"Lastly, you say you are Turkish. You post all over another immigration web site, with perverted photos of the WTC in flames and yourself, I assume, flying some sort of aircraft, with some logos about B-52 bombers. What kind of sick f*** are you?"

Lastly, as you see, this individual really reveals his maturity level and tries to throw mud at me using my signature banners I use on several military aviation, immigration and flight simulation forums and sites. Before explaining the banners I'd like to give the links to the banners so that you can see and interpret them, let the banners do the talking!

September 11 Banner:
http://members.aol.com/linkedpics/images/01sept11.jpg

My personal banner:
http://members.aol.com/linkedpics/images/01.jpg

As for the explanations, if you see the banners, do you see any perverted pictures of WTC and myself? No! The banner says "We will not let this happen again" and simply shows the emotions of Americans after the attacks. There is our beloved flag and land, and addition to that, there is a logo of an F-16 fighter plane from the infamous "Bushmasters" squadron to show how our military and country is strong... The other banner is a drawing of a F-16 pilot and and me in a military trainer plane...

As he suggests, there are no pics of a terrosist influence and I also wonder how thick his glasses are since he can't tell the difference between a small F-16 fighter and a large B-52 bomber... Pathetic...

"You seem to feel the need to settle an old score between the Turks and Arabs. I think you are a disturbed person and I for one, hope that INS deports you."

I again explain here, I am not trying to settle nothing between them arabs and Turks, I was not the starter of threads against arabs, I clearly stated my opinions about them. My opinions will not change nor theirs. I am no better disturbed than this individual who thinks that INS actually deports people. Well, it is another sign of lack of knowledge, INS commences the proceedings but they don't deport people, EOIR judges do. As for my case, I am so sorry to bring his hopes down but I am not going to be deported. I am strong, courageous and walking with my Lord my God, and thru His will, oneday I will swear into U.S. citizenship and serve for the United States Air Force in any position. I will defend this great nation in any way...

I also encourage this individual to get a life and if he wants, to blame me for loving this country. Why won't this individual talk about me on the other immigration forum?

I am so sorry my dear friends that it had to come to this point, I will continue to help people regarding their immigration matters to my best knowledge...

Sincerely,