US Citizen to marry Asylee (Asylum Approved)

[Kenh1968 0]

I can't seem to find anything on my question only for non approved Asylum cases.

 

I plan to marry a woman that is in the US with Asylee (approved status) is there any Immigration gotchas or things we need to do? Any and all advice welcomed on this topic.  Thank you in advance.

[Boiler 45,692]

She has a Green Card through Asylum?

[Mike E 11,741]

Are you filing I-130 for her?

 

How did she enter the USA?

[Kenh1968 0]

On 1/5/2023 at 8:07 PM, Boiler said:

She has a Green Card through Asylum?

No her Asylum is approved to get a green card she has to wait a year or if we marry I think it may change something, that's really my question.  What needs done if anything?

[Boiler 45,692]

1 minute ago, Kenh1968 said:

No her Asylum is approved to get a green card she has to wait a year or if we marry I think it may change something, that's really my question.  What needs done if anything?

If she marries you then she can apply for a Greencard through marriage rather than waiting, but then you need to sign the I 864 and be her sponsor.

 

She has I assume work authorisation so probably best from your perspective let her self petition for her Green Card.

[Kenh1968 0]

On 1/5/2023 at 8:07 PM, Boiler said:

She has a Green Card through Asylum?

 

On 1/5/2023 at 9:09 PM, Mike E said:

Are you filing I-130 for her?

 

How did she enter the USA?

I don't know if I need to file anything, I don't know if us getting married changes anything, since her Asylum was approved she can apply for a green card in a year, but if we marry maybe that changes something? Should we apply for marriage permanent resident or just go with the Asylum process, that's what I am confused on.

[Boiler 45,692]

1 minute ago, Kenh1968 said:

 

I don't know if I need to file anything, I don't know if us getting married changes anything, since her Asylum was approved she can apply for a green card in a year, but if we marry maybe that changes something? Should we apply for marriage permanent resident or just go with the Asylum process, that's what I am confused on.

Answered

[Kenh1968 0]

1 minute ago, Boiler said:

If she marries you then she can apply for a Greencard through marriage rather than waiting, but then you need to sign the I 864 and be her sponsor.

 

She has I assume work authorisation so probably best from your perspective let her self petition for her Green Card.

Okay that was really what I was seeking to understand if she could just finish it as is or did marriage change the game and mandate a different path.  If we can do as you say it makes the most sense and likely cost effective. Thank you.

[da95826 387]

On 1/7/2023 at 10:57 AM, Kenh1968 said:

If we can do as you say it makes the most sense and likely cost effective.

If they self-file for a green card, it will be cheaper. No i130 filing fee needed ($535) Still need to pay for i485 fee $1140 + biometric fee (unless they are a refugee then it is free). Note all USCIS fees are going up soon in some months from now so file as soon as possible.

The significant difference is they will get a 10-year green card when they file through the approved asylum, not a 2-year conditional green card they would get through marriage. This will save having to file an i751 application to remove conditions two years after issuance of the conditional green card.

 

I would wait and file through asylum and avoid the whole i751 filing which is a pain to go through and has $595 + biometrics fee.

 

When the time comes you will be able to file for naturalization (n400) under the 3 years rule after the start date of the green card if you are still married and living together with your spouse at the time. Since the Green card start date will be back dated 1 year from the date AOS is approved with the asylum green card application your spouse will be able file n400 around 2 years after they get green card if they qualify assuming you a US citizen.

Edited January 12, 2023 by da95826

[da95826 387]

22 minutes ago, da95826 said:

If they self-file for a green card, it will be cheaper

Looks like with current fees it would be $1130 cheaper saving both the i130 and i751 fees to file under the asylum basted AOS. Also, it is a much easier immigration path skipping the i751 removal of conditions process. 

 

Not sure how long they have to wait until they can file the i485 hopefully before the USCIS filing fees go up in price.

[Family 4,026]

55 minutes ago, da95826 said:

Not sure how long they have to wait until they can file the i485 hopefully before the USCIS filing fees go up in price.

One year from the date asylum was granted she can file I-485 and will do I-864 W ..an additional benefit