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case is voided due to marriage

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  • case is voided due to marriage

    hi everyone
    i am new on this site and i hope will find some answers here.
    i was granted the asylum status when i came to US in 1999. My parents were petitioners in this case (i was under 21). in 2000 i filed for adjustment of status. in 2002 i had fingerprinting and interview.
    i was trying to find out about status of my case by calling, writing and visiting local offices. answers i would receive were "case is incomplete" or "case is Pending". I wouldn't mind waiting but i had another problem my I-94 card is expired (which i dont undrstand - as far as i know asylum status is indefinit). And everytime i asked anybody to give me some advise what to do i would get "call main Office", Call local office, call asylum office or go to port of entry and ask for new one and all over again.
    then another problem.
    twoo weeks ago i got married. and when i called INS they told me that due to it they voiding my case. representative explained to me that since my parents were petitioners in my case i had to remein unmarried in order to get Green Card.(do i have to mention that before i got married i called INS and asked if it will affect my case - received the answer "no". ) so since i am married to the US Citizen they gave me advise to start all over again (my husband has to be the petitioner)
    what should i do?
    and what should i do about i-94?
    i would appreciate any help

  • #2
    hi everyone
    i am new on this site and i hope will find some answers here.
    i was granted the asylum status when i came to US in 1999. My parents were petitioners in this case (i was under 21). in 2000 i filed for adjustment of status. in 2002 i had fingerprinting and interview.
    i was trying to find out about status of my case by calling, writing and visiting local offices. answers i would receive were "case is incomplete" or "case is Pending". I wouldn't mind waiting but i had another problem my I-94 card is expired (which i dont undrstand - as far as i know asylum status is indefinit). And everytime i asked anybody to give me some advise what to do i would get "call main Office", Call local office, call asylum office or go to port of entry and ask for new one and all over again.
    then another problem.
    twoo weeks ago i got married. and when i called INS they told me that due to it they voiding my case. representative explained to me that since my parents were petitioners in my case i had to remein unmarried in order to get Green Card.(do i have to mention that before i got married i called INS and asked if it will affect my case - received the answer "no". ) so since i am married to the US Citizen they gave me advise to start all over again (my husband has to be the petitioner)
    what should i do?
    and what should i do about i-94?
    i would appreciate any help

    Comment


    • #3
      Thats typical for the INS to give conflicting informatin.
      I would go ahead and file for marriage based AOS with your husband ASAP, they are completing cases in under 6 months now (not all but a lot of them) send your application package to the Chicago lockbox address and wait for your interview.
      Don't worry about your I-94, once you apply for AOS it doesn't matter much what your I-94 says (although they still want a million copies) Overstay is forgiven with marriage based AOS, so it doesn't matter if they consider you overstay or D/S (duration of status)

      Comment


      • #4
        thanks alot for your advise silviamka.
        i'm really confused lately with all INS thing.
        2 weeks after my conversation with the represantative from INS they sent me notice that i have to come for the fingerprinting, othervise they cannot continue with my case.
        i had it done already - that's one, and if they voided my case why would i have to do that anyway - that's two.
        i know that you are right about me going with marriage based AOS but when i start thinking about almost $15,000 that i paid to my lawyer and it was for nothing and now i have to start all over again...
        and about i-94.. do you know if i can extend it in ayway. you see, i'm not concern about overstay, but not being able to open a bank account (JOINT with my husband?), getting driver license and going to college (financial aid issues) - everybody rejects me because of my expiration date, though all of them agree that i'm legal in the country, but rules are rules and nobody will brake them.
        i would appriciate any information on this issue.
        and thanks again for your advise.

        Comment


        • #5
          At the time you file for AOS based on marriage, you can apply for emplyment authorization. Once you get that, you'll ne able to renew your drive's license. However, you won't qualify for financial aid until you become a permanent resident, which in your state may not take too long, depends on where you live. As far as opening a bank account goes, if your husband already has one, he can add you to it, even if you lived abroad, you can add anybody. When I opned my bank account, I didn't have any paperwork yet, they just used my SSN.

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