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My status is Asylee and my I-94 states indefinite. How do l change my status now that am married to my wife who is a US citizen?

Laurel, MD |

My current granted status is Asylee and my I-94 states indefinite.I have been residing in the US the last 15 years. Every year l apply for a travel document for re-entry into the US. Now that am married to my wife who is a US citizen, what forms are required to adjust my status to that of permanent residence?

Attorney Answers 4

Posted

Based on the information you provided, you have two viable applications for permanent residence. The first one is to file and adjustment of status based on your approved asylee status. The second one is based on your marriage to your US citizen wife. Each has pros and cons associated with it.

Here is some food for thought. The pro of the asylum based adjustment to resident is that you pay lower USCIS fees. The disadvantage is that there is a yearly quota for asylee based adjustments. This may cause a delay in the final approval of the application.

The pro of the marriage based adjustment is that you could be done with your residence application in approximately 4 months in the State of Maryland (filing to interview). The downside is that as a new spouse of a US citizen, you'll be granted 2 year conditional residence, setting you and your wife up for a future similar petition in 2 years. Also, you'll pay higher USCIS fees.

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Posted

File for your green card using the asylee status.

You are eligible to file for your green card after one year in asylee status.

You are welcome to use the link provided below.

Goodluck.

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For additional information, see:

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7 lawyers agree

Posted

You could have filed for adjustment 15 years ago after your asylum was approved. You can still do that. There may be a bit of a wait but its cheaper than if you applied through your wife.

If you've been married less than 2 years, you will also need to pay over $600 in filing fees to remove conditions and must prove, 2 years from now, that you are still sharing a life and a home with your wife.

If you applied through your asylum status, you may get an approval without even going to an interview (if you dont have issues such as a criminal record).

Through the marriage petition, you have to show up for interviews, keep a lot of documents ready as evidence and it is way more stressful than if you adjusted through asylum.

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