Marrying a U.S. Citizen as an Asylum Seeker: Green Card Timeline and Travel Restrictions
If I am an asylum seeker and marry a U.S. citizen, how long will it take to get my green card, and can I travel abroad while my application is being processed?
Introduction to Adjusting Status Through Marriage
As an asylum seeker in the U.S., marrying a U.S. citizen opens the door to adjusting your status to become a lawful permanent resident (green card holder). However, the process and timeline depend on your unique circumstances, including your current immigration status and whether you entered the U.S. lawfully.
1. Steps to Obtain a Green Card After Marrying a U.S. Citizen
- Filing for Adjustment of Status:
- As the spouse of a U.S. citizen, you can apply for a green card through the adjustment of status process, even if you are an asylum seeker.
- Submit Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently.
- Biometrics Appointment and Interview:
- After filing, you will be required to attend a biometrics appointment and a green card interview with your spouse to verify the legitimacy of your marriage.
- Processing Timeline:
- Typical Timeline:
- 2–3 months: Receipt notices and biometrics appointment.
- 6–12 months: Interview and green card approval.
- Processing times may vary based on USCIS workload and your local field office.
- Typical Timeline:
2. Travel Considerations While Green Card Is Pending
- Travel on Advance Parole:
- While your green card application is pending, you can apply for advance parole (Form I-131) to travel outside the U.S. legally.
- Travel without advance parole may result in the denial of your green card application if you are considered to have abandoned your adjustment of status.
- Special Considerations for Asylum Seekers:
- If you travel to your home country, it may raise red flags with USCIS about the validity of your asylum claim.
- It’s strongly advised to consult an immigration attorney before traveling abroad.
- Travel Restrictions:
- Without a green card or advance parole, international travel is not permitted as it could jeopardize your immigration case.
3. Potential Challenges and Important Considerations
- Maintaining Valid Entry Status:
- Your lawful entry into the U.S. on an F-1 visa makes you eligible for adjustment of status without leaving the country.
- Dual Applications:
- If you have a pending asylum application, marrying a U.S. citizen and applying for a green card will not automatically cancel your asylum claim.
- You can withdraw the asylum application once your green card is approved.
- Marriage Validity:
- USCIS will scrutinize your marriage to ensure it is genuine and not entered into solely for immigration benefits.
- Evidence such as joint bank accounts, leases, and photos together will be required.
Key Benefits of Green Card Through Marriage
1. Expedited Path: Immediate relatives of U.S. citizens (spouses) are not subject to visa caps, making this one of the fastest pathways to a green card.
2. Freedom to Work: After applying for adjustment of status, you can also file for a new EAD (Employment Authorization Document) if needed.
3. Eligibility for Citizenship: After receiving your green card, you can apply for U.S. citizenship in 3 years if you remain married to and living with your U.S. citizen spouse.
Authoritative Resources for Guidance
1. USCIS Adjustment of Status Guide
Adjustment of Status Information
2. Advance Parole Application
Form I-131 Information
3. Visa Bulletin and Processing Times
USCIS Processing Times
Conclusion
If you are an asylum seeker who marries a U.S. citizen, you can adjust your status to become a lawful permanent resident. The process typically takes 6–12 months, depending on USCIS processing times. While waiting for your green card, you can apply for advance parole to travel abroad but must exercise caution, especially regarding travel to your home country.
For specific guidance tailored to your situation, consult a qualified immigration attorney. For more details on adjustment of status, visit the USCIS Green Card Page.
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