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If I have been granted the Asylum, or the green card through the asylum, can I bring my girlfriend to the states and marry her?

Cleveland, OH |

My girlfriend is not a US citizen and she lives overseas.

Or I can't marry till I be a citizen ?

Attorney Answers 6

Posted

Everything the other attorneys on here have said is absolutely correct, but just to offer some extra explanation:

As an Asylee, you have the ability to file a petition for spouses and children within two years of your grant of asylum through an I-730, but the relationship must exist prior to the grant of asylum (so, your girlfriend/fiance does not qualify for this - just explaining as you may have heard of it and wonder why you cannot use this for your fiance). Since your girlfriend/fiance does not qualify, you would have to petition for her as a green card holder or, eventually, a US Citizen. You cannot petition for a girlfriend/fiance as a green card holder (only US Citizens). You would have to marry her to file a petition for her as your spouse while you are a green card holder, but the wait for a visa would be about 2.5 years; this is NOT when she would come to the USA - this is when you could start the Affidavit of Support and Immigrant Visa Document Processing (so, pay fees, prove you are able to sponsor her or have joint sponsor, submit a bunch of document from her for the visa, etc.) so the file could go to the Embassy and she could go to interview. If everything went well at the interview, she would be approved and then could come to the USA. Whether this would be any faster than waiting till you are a US Citizen and filing for her as a fiance depends on visa availability which is always changing. Be prepared to sponsor her (promising and proving to the government that if she comes to the USA, she will not be a "public charge" and not get public benefits until she earns 40 credits w/Social Security or becomes a US Citizen herself - you prove this by having sufficient income to support your household plus her) or have a joint sponsor.

Now, you can marry her anytime you want, but where and how? It might be very difficult for her to visit you depending on her situation. You are an asylee - you should not return to your country of origin or you may risk your status. If you travel, you should not use your country's passport (always use a Refugee Travel Document or Reentry Permit to travel on while a green card holder).

You need to know these things so you can plan accordingly and make informed decisions. If you want to be prepared, try to consult with an immigration attorney or two about your goals, get advice you can rely on, and then plan accordingly. If money is an issue, try contacting a local area legal aid and/or non-profit legal immigration service provider in your area to get advice on this now so you do not unnecessarily delay your case(s) in the future. Best of luck to you and your girlfriend. I hope this helps and please feel free to ask any follow-up questions and I will do my best to give you some direction.

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Asker

Posted

You are GREAT I really appreciate your help

Asker

Posted

My follow up question is: My status in the mean time is TPS and I applied for the Asylum, But still pending on my Asylum case ( I did NOT receive my interview yet ). After all what I heard, I am planning to WITHDRAW my asylum case, because I have job offer with J-1 visa. so, my question: If I withdraw my (Pending) Asylum case today, does that affect badly or prevent me from applying to J-1 visa application after 3 months when I want to accept the job offer ? Thank you

Kara Lien Roberts

Kara Lien Roberts

Posted

You are very welcome. Okay, you have asylum pending - do you have an attorney's help with all of this (TPS, Asylum, J-1)? If not, seriously consider getting one because you are dealing with cases that are very involved and you want to be sure to preserve certain forms of relief for appeal if necessary throughout the process. I cannot really give you much information on the whether withdrawing an asylum application affects a J-1, but usually one does not have to do with the other and you would want to keep options open (so keep all applications, etc. pending unless/until you have been approved and know the status is secure). Also, you should not withdraw an asylum application so quickly as the you are likely to lose that option because of the one year filing deadline. If you are having all these questions, you REALLY need specific advice you can rely on. Please try to retain an attorney or go to a non-profit that might be able to help or at least sit down and give you some advice to these questions. Details make a huge difference and I would hate for you to take some information on here and have a bad experience because some details made all the difference. Only way to get good advice (especially on immigration cases) is to have all the facts (good information) and the only way to give an attorney that is through consultation. Don't get answers off here and think you are okay. The only advice you can rely on is advice from an attorney you consult with/retain; anything else is information and cannot be relied upon because every case is different and the devil is in the details.

Posted

Yes you can. Will take you 4 years.

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Asker

Posted

After the 4 years, she will be an Asylee ? Or what is her status gonna be?

Asker

Posted

Thank u in advance

Alexander Joseph Segal

Alexander Joseph Segal

Posted

you are a GC holder, who married her after ou got asylum. If I am correct, she will get a GC. You need to file I-130. DO yourself a favor, hire a lawyer

Posted

You can petition for her if you have a green card. If you filed today it would take about 2 1/2 years

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

Yes, you can, but it will take a few years before she is permitted to enter the US.

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Posted

Yes, but it will take a few years for her to gain entry to the US.

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Posted

Yes, but will take a few years for her to come in.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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