Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Nov 12th 2005, 4:40 pm
#1
Septicity
Thread Starter
Joined: May 2004
Posts: 23,762
Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Afraid this one’s complicated:
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
Nov 12th 2005, 5:22 pm
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by fatbrit
Afraid this one’s complicated:
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
You leave out HOW the asylee gained LPR status.
Nov 13th 2005, 1:25 am
#3
Septicity
Thread Starter
Joined: May 2004
Posts: 23,762
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by Folinskyinla
Hi:
You leave out HOW the asylee gained LPR status.
You leave out HOW the asylee gained LPR status.
It was non-derivative.
Nov 13th 2005, 2:51 am
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by fatbrit
It was non-derivative.
Fine. But how did the asylee get LPR status? You don't say.
Nov 13th 2005, 3:25 am
#5
Septicity
Thread Starter
Joined: May 2004
Posts: 23,762
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by Folinskyinla
Hi:
Fine. But how did the asylee get LPR status? You don't say.
Fine. But how did the asylee get LPR status? You don't say.
Nov 13th 2005, 3:43 am
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by fatbrit
I-485
Sigh. Forget I asked. I can't answer your question; you don't anwer mine.
Nov 13th 2005, 4:01 am
#7
Septicity
Thread Starter
Joined: May 2004
Posts: 23,762
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by Folinskyinla
Sigh. Forget I asked. I can't answer your question; you don't anwer mine.
Okay! I enjoy your winding! Given the above scenario, would it be worth kicking them screaming to an immigration lawyer (they are reluctant to go and equate it with having all their teeth pulled without anesthesia) as there might be a path here or would they have more chance with the Power Ball jackpot? Their current 'plan' is, I believe, to live in immigration sin until N400.
Nov 13th 2005, 12:48 pm
#8
BE Enthusiast
Joined: Feb 2005
Posts: 863
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by fatbrit
Afraid this one’s complicated:
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
Timeline:
An asylee enters the US as a single person
The asylee marries a non-US citizen outside the US
The asylee gains US permanent resident status
Questions:
1/ Can the asylee use “following-to-join benefits”?
2/ If the asylee’s spouse had entered the US on a visitor’s B-2 visa, could the asylee’s spouse remain and adjust status using “following-to-join benefits”?
"Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married"
http://uscis.gov/graphics/howdoi/Appproc.htm
Last edited by bionomique; Nov 13th 2005 at 12:50 pm.
Nov 13th 2005, 7:22 pm
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Marriage, asylee, following-to-join benefits, aos and the kitchen sink
Originally Posted by bionomique
Hmm, well I'd guess that the asylee, being an LPR, would follow the normal protocol of any LPR petitioning a spouse. I'm guessing, of course, but I'm not so sure the following to join option would be available. Aslyees aren't mentioned in the blurb below, from USCIS
"Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married"
http://uscis.gov/graphics/howdoi/Appproc.htm
"Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:
You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married"
http://uscis.gov/graphics/howdoi/Appproc.htm
You've spotted the problem -- the one which the OP doesn't care to clarify as to permit an answer. Based upon what he posted, there is no way to tell if the spouse could do "FTJ" or not -- it depends upon how the asylee spouse adjusted.
