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Does marriage make sense while I have asylum case pending?

San Diego, CA |

I entered US on 1 visa , but never joined the ship , so not sure if I'm a crew member at this point . I applied for asylum withing 1 year of entrance , but has been illegal for more than 6 months . I am waiting for an interview now . Me and my boyfriend thinking about getting married , but not sure if it would benefit / make worse / influence my current situation - should we better get married before or after the interview ? Is there any chance I could be eligible for SOS through marriage ?

SOS=AOS Visa C1/D. In I-94 marked C1.

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Attorney answers 4

Best Answer

Getting married will not hurt your chances for asylum. If you entered as a crewman you are not eligible to adjust your status

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


what visa did you enter in with the C-1/D visa? The marriage is better before you may be placed into immigration court for removal proceedings. If she is a US citizen than this is beneficial but if you are here on a C-1/D visa, you may not apply for adjustment of status throough marriage to a US citizen in my opinion. So, asylum may be better for you "if" you have a good, compelling case and can get approved but being married to a US citizen doesn't hurt the application.


Visas in the US begin with a letter and are not a single digit.

If you entered as a crewman, you cannot adjust your status in the US on the basis of a marriage.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova

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