Marriage while asylum case is pending

[ghost]

Hello to everyone!
I applied for asylum after I came in US legally n overstayed my visa... Now Im waiting for a court... It should be my master hearing.
But before the hearing me and my girlfriend (she is US citizen) going to get married.
So please, if anybody know how is possible to put on hold my asylum case or cancel it, please let me know what exactly should I do for that...
I've got just 2 month left before the master hearing.
Thank you

[BigJoe5]

Caution

Please read Immigration and Nationality Act section 245(e) dicussing the prohibition of adjustment of status based on a marriage entered into while in proceedings and the exception to it.

The exception discusses the evidence standard that must be met to overcome the preseumption that it is a marriage just to get a greencard.

If it is a bona fide marriage, the evidence should be available but since it will be such a new marriage it may be a big challenge to document the required evidence.

If the asylum claim is valid, it may be easier easier to follow through with that. It would also be bad for the IJ to determine that the asylum claim was frivolous.

Talk it over with your lawyer before deciding how to proceed.

Good Luck,

Bye

[ghost]

Thank you... Very helpful..
I see that its going to be a lot of problems with that, but maybe this is the best way for me now. Anyway me and my girlfriend want to get married... now or later... But if we going to do that now and will try to get GC through the marriage, at least I will get any papers (like work permit) much much faster... The problem is that I dont even have work permit, and I'm in NY, and it takes here 1,5-2 years to get individual hearing... And I just cant live without ANY papers anymore...
So I think this is the best way for me..

I understand that its going to be new marriage and its hard to get a lot of proofs that this is the real marriage... so maybe its possible to ask the judge to put on hold my asylum case before sending I-130 and 485 forms? just to get more time for getting proofs... Or what should I do?
Thank you again

[BigJoe5]

Help is available

If you cannot afford a lawyer, please see the website for eoir.gov and look for their accredditation roster of people and organizations that can help you either free or cheap.

[MaryJane49]

You are only marrying the American to get a green card

How long are you going to stay married? Not long.

[ghost]

How long are you going to stay married? Not long.

Wow!... you dont even know us and say that.... ridiculous

[Alicia600]

Hi Ghost,

Once you get married, your US citizen spouse can file I-130 for you. Then you bring the I-130 receipt to the court and give to the judge when you go for your next court hearing. The judge will put your asylum case on hold and wait for the I-130 to be approved. Once the I-130 is approved, then you can file I-485 with the judge. Remember you are in removing proceeding, so you can't file I-130 and I-485 simultaneously. It's kind of tricky to navigate the water.

Send me a privat message, give me your email address. I had a similar situation before. I tried to send you a privat message, but it didn't go thru. Good luck to you!

Alicia

[studentatl]

Hello everyone,

I have somewhat the same issue but my asylum was denied, I appealed, and I am now waiting for my appeal court date (which might take up to year to come in the mail). Meanwhile me and my girlfriend have been together for almost three years now and decided to get married.

A lawyer (free first consultation) told me to withdraw my appeal so my voluntary exit can be reestablished to finish up that case and just begging a new file with my marriage based application. He told me I wouldn't have to leave the country since by the time my voluntary exit time is up I will have my new case already filed.. Does anyone know if this is the correct way to do this? If anyone can give me any advice I would greatly appreciate it.

Thank You!

[Alicia600]

Maybe you can reopen your asylum case

Hello everyone,

I have somewhat the same issue but my asylum was denied, I appealed, and I am now waiting for my appeal court date (which might take up to year to come in the mail). Meanwhile me and my girlfriend have been together for almost three years now and decided to get married.

A lawyer (free first consultation) told me to withdraw my appeal so my voluntary exit can be reestablished to finish up that case and just begging a new file with my marriage based application. He told me I wouldn't have to leave the country since by the time my voluntary exit time is up I will have my new case already filed.. Does anyone know if this is the correct way to do this? If anyone can give me any advice I would greatly appreciate it.

Thank You!

Hi, Studentatl,

Since you're in removing proceding, you can't file I-130 and I-485 together. You can only file I-130 along (your spouse files on behalf of you). Also when you file I-130, where to file is very tricky. You can't find in the instruction on the form. You have to file with your local immigration office. What State do you live in the US?

I remember many years ago, there was a person whose asylum case was denied at the same time she got married. Her lawyer went to the judge to reopen her asylum case based on the fact she was married to a USC. The judge granted to reopen her asylum case. Then her I-130 got approved. The last thing I know is she was waiting for the court hearing to bring her I-130 approval to the judge, so she can file I-485 in front of the judge. It was long time ago I read about her case. I don't remember if she had appealed her asylum case before she got married. You do need a good lawer for your case, I mean a good one who is knowledgable and nice. Get consultation with at least three lawyers. Many lawyers give free first consultation.

[studentatl]

Thank you for your response!

I live in Texas now and my asylum case is in Georgia, I don't know if that matters but I cannot afford a lawyer right now so I'm going to do the best I can and hope it all turns out well! Thank you!

[Alicia600]

Thank you for your response!

I live in Texas now and my asylum case is in Georgia, I don't know if that matters but I cannot afford a lawyer right now so I'm going to do the best I can and hope it all turns out well! Thank you!

Hi Studentatl,

Some organizations provide free lagal services or only charge a nominal fee. Search online to find this kind of organizations. Another way to find them is to ask a court clerk at the reception desk, they will give you a list. But since you are going to get married to a US citizen, I am assuming your girlfriend has a job and income (in order to sponsor you to apply for a green card, she has to meet income criteria). The best way is that your wife pays for the leagal service fee, which also will demonstrate this is a bona fide marriage. I know it's going to be hard for you as a man, but if your girl friend really loves you, she will help you.

Good luck to you!

[mike1436]

asylum pending and got married

Hi, i Came in The us on a Visit Visa But due problem that i had i didn't go back to my home-country, and i applied for Asylum and i had interview on Nov-2011, on the same day the officer gave me a letter and i have been instructed to appear in asylum office and pick up my decision from 1 to 3 days, i been there after 3 days but i been instructed again to wait from 1 to 3 month and they will mail me...i was waiting since the time but i didn't get any answer except on august 2012 i received mail for fingerprinting i went to the fingerprinting office and i asked theme about that, they didn't give me answer what is that for??? still i am waiting but no answer at all...on other site i get married on July 2012, now can you please tell me guys how is it work?i mean i am on asylum which is pending and i got married with US Citizen ...what is the easy way to get my GC....i am totally confused, Thanks.

[Blaze Da Z]

Inquiry about I 130 process problem

Hello Everyone,
I am waiting for my final ceremony of I130. My question is,
1) If i apply as student in usa from London, Are they gonna reject me
2) or My girlfriend wants to get married now!!! if we get married, Is there any affect in my process time of I130.


Please let me know . Regards

[pkafando2999bm]

I -485 checklist

I am in similar situation. My I-130 was approved now i need the checklist to file my I-485. please help me out. My email address is [email protected].
thank you

Hi Ghost,

Once you get married, your US citizen spouse can file I-130 for you. Then you bring the I-130 receipt to the court and give to the judge when you go for your next court hearing. The judge will put your asylum case on hold and wait for the I-130 to be approved. Once the I-130 is approved, then you can file I-485 with the judge. Remember you are in removing proceeding, so you can't file I-130 and I-485 simultaneously. It's kind of tricky to navigate the water.

Send me a privat message, give me your email address. I had a similar situation before. I tried to send you a privat message, but it didn't go thru. Good luck to you!

Alicia

[truevblood]

asylum on hold application about marriage card cancel...

i came here in us at F1 then i apply asylum cause,the asylum interview didn't pass.then i attend immigration court evey each years.during the immigration court period when i got married.she is US citzen.then she applied the I-130 for me then i got passed.then we use the results applied the I-485.also putting the immigration court on holding.then we got the second interview about I485.then we are waiting the result.DURING we are waiting the results.one day the ICE officer call my wife about confirm some paper.then when she came back home from the immigration office. she told me she cancel the application about I-485 because the ICE told her so...SHE LOSE.then i lost,too then she left me.then we never real talk again.so what i am going to do now.since that was few years ago.i still didn't do nothing about my status now...

can u give me some advances???

E-mail:[email protected]