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family-based AOS (not thru spouse) vs marrying to someone on refugee status vs...

family-based AOS (not thru spouse) vs marrying to someone on refugee status vs...

Old Oct 7th 2004, 11:59 am
  #1  
Sanda
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Posts: n/a
Default family-based AOS (not thru spouse) vs marrying to someone on refugee status vs...

I hope someone can help me. I am in a very difficult situation. I am
single and have a pending I-130 (family-based). My immigrant visa may
become current within a year or two or it may take longer. In the
meant ime, I have fallen in love with someone who is originally from
my home country who arrived to US on refugee status (via a third
country) 4 years ago. He already has Grenn Card. Let's call him "A".

"A" and I live in different cities in differnt state. I want to marry
"A" but my family is not keen on my moving away.

I am afraid that even if the time comes for me to do this family based
AOS in 2005 or 2006, my family will delay providing sponsor and I'll
be stuck here and "A" will be forced to move here. He is happy with
his job there and I don't want him to have to depend on my family if
he can't get a good job after moving here. I'd rather move to his city
and go to grad school there. Currently, I am going to school on F-1.
I can graduate now but I am just dragging so that I don't start grad
school here.

I have heard that since A came on refugee status, once we get married,
I can apply for Green Card (apply for AOS and EAD) without having to
wait. Is that correct?
I would like to do that instead of waiting for my family based thing.
How long will it take to receive EAD if I were to apply through him as
spouse? How long will it take to receive Green Card? Where
(Nebraska?)will I send those application?

I don't want to burden "A" financially (once I married him) and so
getting an EAD quickly after marrying him is very important.
Otherwise, our marriage will be affected by the financial strain.
Beside, I want him to be able to go to school. So it will be better
if he can work part-time. I'll find TA/RA for my grad studies and
work some hours off-campus if I have EAD.

Also, if I already applied for Green Card through A but if it is
taking too long (I assume that Nebraska office is overloaded with
application), and I haven't received my GC by the time my immigrant
visa thru blood family-based petition becomes availble, can I switch
to do that AOS and apply at District Office?

I appreciate any guidance on this.
 
Old Oct 8th 2004, 7:12 am
  #2  
Sanda
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Posts: n/a
Default Re: family-based AOS (not thru spouse) vs marrying to someone on refugee status vs...

[email protected] (sanda) wrote in message news:<[email protected]. com>...
    > I hope someone can help me. I am in a very difficult situation. I am
    > single and have a pending I-130 (family-based). My immigrant visa may
    > become current within a year or two or it may take longer. In the
    > meant ime, I have fallen in love with someone who is originally from
    > my home country who arrived to US on refugee status (via a third
    > country) 4 years ago. He already has Grenn Card. Let's call him "A".
    >
    > "A" and I live in different cities in differnt state. I want to marry
    > "A" but my family is not keen on my moving away.
    >
    > I am afraid that even if the time comes for me to do this family based
    > AOS in 2005 or 2006, my family will delay providing sponsor and I'll
    > be stuck here and "A" will be forced to move here. He is happy with
    > his job there and I don't want him to have to depend on my family if
    > he can't get a good job after moving here. I'd rather move to his city
    > and go to grad school there. Currently, I am going to school on F-1.
    > I can graduate now but I am just dragging so that I don't start grad
    > school here.
    >
    > I have heard that since A came on refugee status, once we get married,
    > I can apply for Green Card (apply for AOS and EAD) without having to
    > wait. Is that correct?
    > I would like to do that instead of waiting for my family based thing.
    > How long will it take to receive EAD if I were to apply through him as
    > spouse? How long will it take to receive Green Card? Where
    > (Nebraska?)will I send those application?
    >
    > I don't want to burden "A" financially (once I married him) and so
    > getting an EAD quickly after marrying him is very important.
    > Otherwise, our marriage will be affected by the financial strain.
    > Beside, I want him to be able to go to school. So it will be better
    > if he can work part-time. I'll find TA/RA for my grad studies and
    > work some hours off-campus if I have EAD.
    >
    > Also, if I already applied for Green Card through A but if it is
    > taking too long (I assume that Nebraska office is overloaded with
    > application), and I haven't received my GC by the time my immigrant
    > visa thru blood family-based petition becomes availble, can I switch
    > to do that AOS and apply at District Office?
    >
    > I appreciate any guidance on this.

I found this at www.USCIS.gov:

Spouse Application Responsibilities

<<If your spouse is outside the borders of the United States, your
spouse will be notified to go to their local U.S. consulate to
complete the processing.

If your foreign national spouse is currently inside the borders of the
United States, the U.S. Citizenship and Immigration Services will
notify your spouse if the application is approved by sending your
spouse Form I-797, Notice of Action. See 8 CFR §207.7(f)(1).

You must file a Form I-730 petition for your spouse within two years
of the date you were admitted to the U.S. However, this date may be
extended for humanitarian purposes.

No appeal is available from a denial of a Form I-730 petition.

A spouse who receives derivative refugee status cannot file a Form
I-730 petition on behalf of other family members.

Please see Form 1-730 for more specific information. Forms are
available by calling 1(800) 870-3676, or by submitting a request
through this system here. No fees are required to submit Form I-730.
For more information, see 8 CFR §207.7 for rules published in the
Federal Register which explain the eligibility requirements and
procedures for filing an I-730 petition. >>

Para 3 said "You must file a Form I-730 petition for your spouse
within two years of the date you were admitted to the U.S. However,
this date may be extended for humanitarian purposes."

The fact is once I marry this guy, I can't go back to home country for
a visit as I will be blacklisted as him. So, what is the chance of my
getting to be considered for "derivative refugee status"?

I don't want this guy think I am marrying him for quick GC. After
going through all this, my immigrant visa may be just around the
corner and in fact,the GC processing via that route may be faster form
date of application for AOS.

It seems that we should get a lawyer. Should I make an appointment
with infopass, which I just found out at uscis.gov.?
 
Old Oct 10th 2004, 4:58 pm
  #3  
Jozef
Guest
 
Posts: n/a
Default Re: family-based AOS (not thru spouse) vs marrying to someone on refugee status vs...

"sanda" <[email protected]> wrote in message
news:[email protected] om...
    >I hope someone can help me. I am in a very difficult situation. I am
    > single and have a pending I-130 (family-based). My immigrant visa may
    > become current within a year or two or it may take longer. In the
    > meant ime, I have fallen in love with someone who is originally from
    > my home country who arrived to US on refugee status (via a third
    > country) 4 years ago. He already has Grenn Card. Let's call him "A".
    > "A" and I live in different cities in differnt state. I want to marry
    > "A" but my family is not keen on my moving away.
    > I am afraid that even if the time comes for me to do this family based
    > AOS in 2005 or 2006, my family will delay providing sponsor and I'll
    > be stuck here and "A" will be forced to move here. He is happy with
    > his job there and I don't want him to have to depend on my family if
    > he can't get a good job after moving here. I'd rather move to his city
    > and go to grad school there. Currently, I am going to school on F-1.
    > I can graduate now but I am just dragging so that I don't start grad
    > school here.
    > I have heard that since A came on refugee status, once we get married,
    > I can apply for Green Card (apply for AOS and EAD) without having to
    > wait. Is that correct?
    > I would like to do that instead of waiting for my family based thing.
    > How long will it take to receive EAD if I were to apply through him as
    > spouse? How long will it take to receive Green Card? Where
    > (Nebraska?)will I send those application?
    > I don't want to burden "A" financially (once I married him) and so
    > getting an EAD quickly after marrying him is very important.
    > Otherwise, our marriage will be affected by the financial strain.
    > Beside, I want him to be able to go to school. So it will be better
    > if he can work part-time. I'll find TA/RA for my grad studies and
    > work some hours off-campus if I have EAD.
    > Also, if I already applied for Green Card through A but if it is
    > taking too long (I assume that Nebraska office is overloaded with
    > application), and I haven't received my GC by the time my immigrant
    > visa thru blood family-based petition becomes availble, can I switch
    > to do that AOS and apply at District Office?

Unfortunately, if you were to marry "A" and he would sponsor you a GC, your
application would be in the F-2A category, which currently has a 4 year
backlog. See http://travel.state.gov/visa/frvi_bulletincurrent.html

If he sponsors you a GC after having obtained US Citizenship, your
application would no longer be subject a quota.

It is crucial for you to maintain valid F-1 status while all this is going
on, or you will not be able to adjust status in the US, once your GC
(however it was obtained) comes through.

Jozef
 

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