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  1. #1
    Join Date
    Feb 2010
    Posts
    5

    Question Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    Hi Everbody
    I'm A Derivative Asylee I Came to America in 2006 , I have been Granted Asylum Through My Father as Unmarried child Under age of 21
    On March 2009 I got Married i was 21 years old by that time
    On November 9th ,2009 i applied For Green Card
    On novemer 19th ,2009 i applied For Refugee Travel Document
    On November 12th ,2009 I recived the application receipt
    On December 16th ,2009 I Did The Finger Print For Green Card And Travel Document
    On February , 1st ,2010 I checked My case Status online For My I485 Applicaton and i fount this
    On February 1, 2010, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you.
    On February 5th ,2010 I recived the denial notice with the Following reason
    USCIS Records Indicate that you were granted derivative asylum as the child of (My Father name). you were married on March 27,2009 and no longer qualify as a child. Because you no longer meet the provisions of INA Section 209(b)(3) or 8 CFR Part 209.2, you are statutorily ineligable fo adjustment of status.
    Accordingly,your application must be and hereby is Denied. This Denial does not affect your status as an asylee, you are entitled to remain in the united states nad retain your employment authorization.
    Regulations do not provide for an appeal too this decision. how ever, you may file a Form I-290B
    , Motion to reopen, with in 30 daysof this decision the fee for motion to reopen is $585.00. this Denial Does not preclude you from applying for asylum in your own right in order to adjust status; However,this office will no longer faciliate that process.
    On February 8 ,2009 i checked my travel Document application status Here is the result
    On February 8, 2010, your Travel Document was processed and mailed to the address on record.
    when i got married i was in u.s my wife is not in u.s she never been here before ,i didn't attend the marriage I never left u.s since i came in 2006 in my country i don't have to be attended to get married that's our (Religion ,tradditonal ,Law)
    Now what should i do ? Reopen the case and start Explaning that i didn't meet my wife yet ? Or go ahead and apply fo asylum in my own right and add my wife with But Are they going to recognize that marry!!
    I apprciate your Help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    Consult an immigration lawyer about whether you might qualify for an annulment under U.S. law (annulment laws vary by state, and we don't know yours) and whether that would help your situation.

  3. #3
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    Im From wisconsin

  4. #4
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    I asked the lawyer , He said the annulment will not be Accepted because tha marriage is valid under your religion law, now i have two chances 1\ i can reopen the case try marriage annulment or whatever if i don't reopen the case the only way will be applying for asylum in my own, the lawyer doesn't want me to reopn it i don't know what is the reason . i think to have two options is always better than one .what do you guys advice me ? i appreciate your help
    I only have 4 days Left i hope you reply asap before it's too late
    Thank you very much

  5. #5
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    On 03/01/2010 I filed Motion To Reopen with A Lawyer
    On 03/10/2010 I Checked my case status it was changed to (on march 10 we ordered production of your card please allow 30 days for your card to be mailled to you )!
    On 03/13/2010 I Received Letter On the Maill saying (Welcome Notice )
    Welcome to the united states your application to register permanent resident has been approved.
    On 03/16/2010 which is (right now ) I checked the case online and its changed from Document production or Oath Ceremony to :



    Post-Decision Activity
    On March 15, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
    Note ( i went to a ddiffrent lawyer cause the first one doesnt know nothing he told me i will check the case and call you back let you know whats up he never called !!))
    (The Motion to reopen because my family said it was engagement only because the just talked on the phone ( I thought engaged and married is the same !!! cause if am engaged am Not SINGLE NO MORE ?? Cause am ENGAGED ? so the lawyer said no you r stile single even if you are married tha marriage is not consummated ! ) i hope i get my green card so i can go get marry
    do you think i will get it soon ?
    thank you

  6. #6
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Derivative Asylee's I-485 (Green Card) Denied Because of Marriage

    Thank you For your help
    I received my green card this morning 03/19/2009

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