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tennnis123

Asylum and Permanent Resident

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Hi guys I am asking for a friend. He has been a Permanent Resident (PR) for 7 years and is applying for citizenship in November, in FL this process is taking 18 months. He is engaged to his Venezuelan girlfriend who is under asylum permit, they will get married in August. They want to start a family ASAP but they want to do the immigration process first, as they are both very nervous with all the immigration changes.

 

How long does it takes for a PR to adjust the status of his spouse? Would it be faster if they wait for him to become a citizen and then apply for her AOS? If they wait 18 months (maybe less) for his citizenship will this count towards the 2 years of marriage that they need to skip the conditional green card? 

 

In case is relevant... he got his green card through his first wife. 

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I believe only US citizens can petition for their spouses to become permanent residents. Permanent Residents can't petition for another Permanent Resident I don't think. 

 

Don't quote me on it but I believe the 2 year condition on the GC is based on how long they have been married. So if they get married tomorrow then finish the AOS process 18 months from now, it would be a 2 year card. If they get married tomorrow and then finish the AOS process 25 months from now, that would be a 10 year card from what I understand. 

 

It may raise some flags for immigration that he got his GC through his first wife. He may have to show that it was a legit marriage that ended for legitimate reasons and that the divorce is complete if he does wait the 18 months to become a citizen then petition for his wife. 


Married 4/12/18
Mailed AOS Packet (485, 131, 130, 130a, 864, 765) 4/9/19
Packet Delivered to Chicago Lockbox 4/12/19
NOA1 for i-130, 765, 131, 485: 4/19/19
Biometrics Notice: 4/26/19
Biometrics appointment 5/14/19
Notice For Interview 5/21/19
693 completed: 6/25/19 (appointment was 6/21/19, civil surgeon needed time to process)
Interview: 6/25/19
Approved: 6/25/19 (online case status lists new card is being produced)
GC in hand: 7/2/19

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29 minutes ago, tennnis123 said:

How long does it takes for a PR to adjust the status of his spouse?

Current time is about 2 years.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Might be quicker to go through Asylum process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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