I had file I-485 Application to Register Permanent Residence or to Adjust Status /Based on Asylum admission more than 1 year ago./
My case is pending.
I am getting married to British citizen who is a green card holder. Do we have to apply now for a green card based on our marriage or I have to wait for my I-485 based on Asylum status to be resolved. Thanks.
I have no idea if I have to wait for my pending 1-485 aplication. Or we have to cancel the first application for I-485 and apply again based on our marriage. Do I have to notify the immigration about my marriage, because I come as a asylum under my father case/as a minor/. Now I am 20 y.o. Thanks
Do you know when you'll be able to adjust status based on asylum? I remember seeing a schedule somewhere.
Don't cancel anything right now. There is about 5 years wait (from when I-130 is filed) for spouses of PRs to be able to file for adjustment of status. If your husband becomes USC, you don't have to wait.
I think your husband can file I-130 for you while the other case is pending. I am not sure though.
Right now the LOCAL office is working with cases 1-485 received on July 17 2006 .
My father applied to adjust my status originally 2003 - Nebraska service center.
I got letter from Nebraska that on November 2006 they sent my case to SANTA ANA office, CA- in order to speed up the processing time.
I do not know what date to consider now- 2003 -Nebraska or 2006- Santa Ana ,CA. If I consider 2003 - is out of processing time.
If I consider 2006/November - that means few more months waiting probably . Santa Ana doe’s not have a phone number for answering questions. Nebraska phone number - do not have new info about the case - just - YOUR CASE was transferred to Santa Ana…….
So far we don’t know if we MUST notify the immigration for the marriage , and if do I have to apply again to adjust my status based on marriage to a green card holder or I have to stick to my old application/I-485/ based on my ASYLUM status which was done by my father.
Originally posted by Martina: Right now the LOCAL office is working with cases 1-485 received on July 17 2006.
Where did you get that info? Are those just "any" cases or asylum based AOS? I don't know much about it, but isn't there a limit on how many asylants can adjust status in a year?
OMG I checked the processing time for I-485 based on marriage to a green card holder. They are working on cases failed 2002 !! Do you guys have any idea how long will take if we apply in England ,because my husband /UK citizen and a green card holder/ spends a few mounts in England every year? Thanks
I485s are applied in USA. Or are u wishing to remain in the UK. UK do not process Adjustment of status! If ur wanting to reamin in UK then its a completely different ball game and here is a different forum that can help u WWW.britishexpats.com.
Originally posted by Martina: OMG I checked the processing time for I-485 based on marriage to a green card holder. They are working on cases failed 2002 !! Do you guys have any idea how long will take if we apply in England ,because my husband /UK citizen and a green card holder/ spends a few mounts in England every year? Thanks
but you are neither the resident nor UK citizen, so you can't go through the consular processing there to become a resident in USA. Even if you could, it would be the same wait 5 year wait since your future husband is PR not USC.
I found the answer to my question. " REAL ID Act of 2005, Pub. L. 109-13, 119 Stat. 231, amends section 209 of the Immigration and Nationality Act to eliminate the yearly cap on asylee adjustments. Therefore, there has been no longer a limit to the number of asylees who can become lawful permanent residents in any year since May 2005." Before that, there was a cap of 10000 per year.
I have pending I-485 form - Asylum status failed from my father when I was minor. My father application I-485 is also pending . Can I open a second application for a green card, because my husband is a green card holder. If I open a second 1-485 form are they going to cancel my first application ,because of my marriage . I mean I am not dependent from my father any more. Thanks
I take it that you attained your asylee status as a derivative beneficiary from your father. If this is so then I must inform you that if you marry this man you will not be able to adjust status. While you are technically entitled to protection under the Child Status Protection Act to adjust to an LPR as the child of your father, this only protects you as long as you remain as "child" as defined under the law. If you marry you will no longer be a "child" and you technically will not be able to adjust. Of course, this is only if the USCIS discovers that you are married. But why take the chance? Just wait to get married until after you get your green card. Then there is no potential disasters / fraud charges that may come up in the future. [edit] However, if you marry and abandon the refugee adjustment application I believe you will remain an asylee and could adjust status in the future based on your marriage to an LPR.
Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com
I sow this info about LPR parents-child ,but I could not find info about ASYLUM status. Can you please tell me how I can cheak if you are right. Ant link/web? Thanks
Well I don't know any free resource that has information concerning adjustment for asylee's, but I can tell you from my own knowledge, that if you got asylee status from your father, then you must remain a "child" of your father to adjust status. That means if you get married, you cannot adjust status based on your asylee status. But you are still an asylee, they can't deport you and you can still work here. If you get married you can adjust status based on your marriage to an LPR, but it will just take longer. If you need more information you should contact a competent immigration lawyer in your area.
JF - I don't see why her husband must be a USC. She has no real current bars to adjust as far as I can see. Marrying a USC would surely speed the process, but as long as she didn't work without permission or something I don't see how it matters if her husband is only an LPR. She will just have wait four or five years.