I just got married, she is Cuban I am Colombian

[gusss 0]

Well... the story guys is like this...

I am Colombian and have just got married a beautiful cuban girl. She will be entering hopefully Colombia next month.

We will be going to Mexico for our honeymoon, and then just walk up to the US boarder, and ask for asylum.

I've known cases in which cuba refugees, just walk up to the US boarder, the ask for asylum, 3 hours later, they get "parole", and 1 year and 1 day after, they apply for the PERMANENT RESIDENCE.....Public law 89-732, "The Cuban Adjustment Act" Under the Cuban Adjustment Act, a Cuban citizen who reaches the United States is allowed to stay after being interviewed and inspected. A year and a day after entering the United States, that person is allowed to become a permanent resident.

Now the question here folks is.....

I am colombian she is cuban. If she walks up to the US boarder to the patrol officer, asks for asylum, will I get to enter the US, right there in the same moment, since I am her husband?

[Sylvia_n_Joseph 3]

No, once she becomes a permanent resident then she could petition to bring you here and you would have to follow the normal process.

[lucyrich 19]

Sylvia n Joseph's answer is correct. Being married to an asylum seeker does not give you rights to enter the US.

In fact, being married to a US Citizen doesn't give you the right to enter the US. As everyone here will tell you, it takes a lot of time to wait for paperwork, and there are various checks on your admissibility.

After she gets a green card, she can petition for you to come, but the process for the spouse of a green card holder is significantly longer than the process for the spouse of a citizen. The K-3 option isn't available to green card holders. The only option is the CR-1 or IR-1 visa. But there's a wait for a visa number if the petitioner is not a US Citizen. The wait is typically multiple years.

Five years after your spouse gets a green card, she will probably be eligible for citizenship. At that time, she can upgrade her petition and you'll be eligible to immigrate as the spouse of a US Citizen.

She would be required to maintain her residence inside the US for those five years, in order to keep her green card and maintain her eligibility for citizenship. You would be required to stay outside the US for those five years. She could visit you for short periods of time, but she would have to spend more than half her time inside the US, she couldn't take any single trip outside the US for more than six months, and she would have to maintain her residence inside the US.

You may want to discuss these issues with an immigration attorney before you show up at the border.

[gchagui 0]

ok,, so if I marry a cuban, I will acquire cuban citizenship.... can we look at it that way?.. will I have to renounce colombian citizenship?

[Mononoke28 134]

Do Cubans require a visa to go to Mexico? Have you looked into that as well? I know Colombians do and it's not very easy to get them.

Also, I don't think it's that easy if you renounce your Colombian citizenship only to ask for asylum in the US as a Cuban. The USCIS is not dumb and will probably ask all kinds of questions during your interview if they end up letting you in.

Best thing is to definitely consult with an immigration lawyer before making any drastic moves.

Diana

[gusss 0]

Do Cubans require a visa to go to Mexico? Have you looked into that as well? I know Colombians do and it's not very easy to get them.

Also, I don't think it's that easy if you renounce your Colombian citizenship only to ask for asylum in the US as a Cuban. The USCIS is not dumb and will probably ask all kinds of questions during your interview if they end up letting you in.

Best thing is to definitely consult with an immigration lawyer before making any drastic moves.

Diana

Thanks for your help....

I am also colombian, and I know how hard it is, and I also know cubas need a visa to enter mexico.

The good part of this is... I Know how to get them easily, so going to mexico is not a problem

[gusss 0]

No, once she becomes a permanent resident then she could petition to bring you here and you would have to follow the normal process.

Thanks for you help.

Look what I found, is't in spanish though...

Acta de Ajuste de Status para Refugiados Cubanos

Abogados Cuba - Cualquier nacional cubano y sus familiares inmediatos pueden solicitar la residencia permanente un año después de haber ingresado a los Estados Unidos. No hay límite de tiempo para tal solicitud. Los familiares inmediatos incluyen hijos y cónyuges, incluyendo cónyuges que contraen matrimonios con nacionales cubanos después de haber ingresado a los Estados Unidos.

El cónyuge e hijos no deben ser necesariamente nacionales cubanos para poder solicitar el ajuste de status por medio de un familiar directo cubano. Sin embargo, necesitan haber convivido con el familiar cubano y al momento de la entrevista para ajustar status, el nacional cubano debe estar vivo para que el cónyuge o hijos puedan convertirse en residentes permanentes. Una excepción a esta regla es el caso de cónyuge o hijo maltratado.

El Acta de Ajuste de Status para Refugiados Cubanos se aplica aun en los casos en que el nacional cubano haya obtenido otra nacionalidad. Dicho acta también se extiende a los cubanos que no hayan arribado a un puerto de entrada designado, es decir, en los casos en que se haya ingresado a los Estados Unidos sin inspección, siempre y cuando el nacional cubanos se haya presentado personalmente ante el Servicio de Inmigración, permitiendo que dicha oficina le otorgue un “parole” durante el tiempo en que la decisión del Juez de Inmigración este pendiente.

here is the link,,,,,

http://www.abogada.com/abogados/cuba/aboga...giados_Cubanos/

[Sylvia_n_Joseph 3]

Under the Cuban Refugee Adjustment Act, nationals of Cuba and the immediate relatives of Cuban nationals may apply for permanent residency after one year of physical presence in the United States if paroled into the United States or admitted to the United States as nonimmigrants. A spouse or child of a Cuban national need not be a citizen or native of Cuba to be eligible to apply for permanent residency. But the spouse or child must live with the Cuban national.

The issue is that if you aren't granted asylum and admitted because you are not cuban then you won't be living with her.

[Mononoke28 134]

It sounds like a big risk to me.

Good luck!

Diana

[eric_and_teresa 10]

Also, you need to consider that every naturalization process takes time, you wont be acquiring the cuban citizenship automatically just because you marry her, it would take some time too.

[Vivi and Michael 0]

I'm also cuban and I'm pretty sure that in order to obtain cuban citizenship you must live in Cuba for certain amount of time. Anyway, you can go to the Cuba MINREX web page and get some information about the requirements to apply for cuban citizenship. I agree with one of the posts that says that USCIS will find very suspicious the fact that you became a cuban citizen and applied for bennefits under Cuban Adjustment Act. That can be risky. There is a case of a cuban guy who lived in Venezuela for around 5 years and went to USA's border in Mexico with his venezuelan wife and venezuelan kids. He planned to do exactly what you are planning to do, in this case the no-cuban was the wife. He got his parole the same day, the wife and kids remained detained for months until they were granted parole as well after the office of congressman Lincoln Diaz-Balart and congresswoman Iliana Ros-Lethinen pushed hard for this lady and kids to be reunited with the cuban husband. That case created a precedent and you may find information online about that. At the same time, I have a couple of cuban friends, married for more than 15 years, living in Mexico for around 10 years, with a baby born in Mexico. The three of them went to the Laredo's border in Mexico with the intention to gain assylum under parole and come to this country as cubans that they are. Well, the immigration officers denied the parole because the baby was born in Mexico. They could get into US soil under parole but not the baby. It's gonna be like 2 years since they have been trying to come to live here and it has never been possible because of that. So I don't know what to say. I agree with Diana, it's a risk if you try to apply for assylum at a border because of your cuban wife. There are a lot of possibilities that you will be denied and that will not be good if in the future you try to apply for a tourist visa or another type of visa to come here. It will always be in the USCIS computer. That's my opinion.