Q: I just married a woman who came here originally on a pol asylum visa which is still in the works. Can we just ...
can we now just do the I-130? Will that 'cancel' the previous asylum paperwork she's already submitted a couple of years ago to USCIS (she hasn't had her interview yet)? Thanks!
A: It should not cancel her pending asylum application. The marriage route could end up being faster than the asylum route, depending on how she entered the US (with a visa or not). Reach out to an immigration attorney to go over her situation. If she has an attorney for the asylum case, that office would be a good place to start.
A:
More information is needed, but an I-130 petition can be filed if she enters the marriage in good faith not simply to immigrate. The latter is a Federal Crime. In addition, there may be a legal presumption of marriage fraud if she marries while she has a case in the immigration court [EOIR - Executive Office of Immigration Review]. She must overcome the presumption with a significantly higher level of evidence. If so, then the filing gets complicated. Either way, the asylum petition remains pending unless it is 'properly withdrawn,' so the asylum can cause complications. I strongly recommend an appointment or teleconference with a competent and experience immigration attorney.
The above is general information, not legal advice, and does not create an attorney client relationship.
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