Client: Family
Client’s Country of Origin: Burkina Faso
Case Type: I-485 Application for Marriage Visa/Asylum
Date of Application: October 2018
Date of Approval: June 2019
Our client, a citizen of Burkina Faso, came to the US originally seeking asylum. During his time in the states, he obtained work and delivered medication to pharmacies around town. While on the job, he met a woman technician and became drawn to her. Soon later, they began talking and started a relationship, and eventually, the technician became his wife.
Once the two united in marriage, our client considered applying for a marriage green card. However, he was still on pending asylum status. Our client retained Herman Legal Group counsel to receive guidance on what steps to take in order to obtain lawful permanent residency as quickly and efficiently as possible. Attorney Erin James assisted with the foregoing matter.
Because asylum cases may take months to years before an interview date is assigned, Attorney James knew how to stagger the process. She helped our client file an I-485 application for a marriage visa and informed a couple of the interview process.
The asylum interview was scheduled first. Attorney James attended that interview with our client, along with the letter stating that the client has a pending marriage green card application, and requested to administratively close the asylum case, which was closed that day.
In light of concerns of marriage fraud, the USCIS conducts strict interviews seeking answers in specificity and unanimity. At our client’s interview, complications arose. Due to a language barrier, our client could not comprehend all questions posed by the officer. As a result, our client was not providing concrete answers. The interview became tough as the officer grew frustrated, impatient, and began searching for flaws in the marriage.
In the end, our client relieved the tension and told authentic stories about the marriage that eventually got the officer enjoying them. Within a few days, the couple was approved for a marriage visa.
Our client and his wife were very happy about the outcome.
Marriage While Asylum Case Is Pending: What You Should Know
Navigating immigration processes can be stressful, especially when personal life events intersect with legal matters. One situation many applicants face is marriage while an asylum case is pending. Understandably, people wonder how marriage might affect their asylum application, immigration status, or future opportunities in the United States. While every case is unique, understanding the general rules and possibilities can help applicants make informed decisions and avoid unnecessary complications.
Can You Get Married While an Asylum Case Is Pending?
Yes, you can legally marry while your asylum case is pending. Being in the asylum process does not prevent someone from getting married in the United States, as long as the marriage complies with state laws. Marriage is considered a personal and legal decision that does not automatically interfere with your right to pursue asylum.
However, the immigration consequences of marriage depend largely on who you marry and what your immigration goals are moving forward. For example, marrying a U.S. citizen may open different pathways than marrying someone who also has temporary or uncertain immigration status.
Marriage to a U.S. Citizen During a Pending Asylum Case
One of the most common situations involves asylum applicants marrying U.S. citizens. In this scenario, the U.S. citizen spouse may file a family-based immigration petition on behalf of the asylum seeker.
If the petition is approved, the asylum applicant may become eligible to apply for adjustment of status to obtain lawful permanent residence (a green card). In some cases, applicants choose to continue their asylum case while pursuing the marriage-based green card process. Others may decide to withdraw the asylum application if the family-based pathway becomes viable.
It is important to understand that immigration authorities will closely examine the marriage to ensure it is genuine. Couples are usually required to provide documentation proving that the relationship is legitimate, such as shared financial records, photographs, and proof of living together.
Marriage to Someone Who Is Also an Asylum Applicant
Another possibility is marriage between two individuals who both have pending asylum applications. In this situation, the marriage itself does not typically change the status of either case. Each applicant’s asylum claim will continue to be evaluated individually based on the evidence and circumstances presented.
However, in certain cases, one spouse may be able to be added as a derivative beneficiary to the other spouse’s asylum case if the marriage occurred before the asylum decision is finalized. If the principal applicant is eventually granted asylum, the spouse included in the case may also receive asylum status.
Because timing can be important, couples in this situation should understand the relevant rules before making changes to their applications.
How Marriage Can Affect an Asylum Application
Marriage does not automatically harm an asylum claim, but it may raise questions about the applicant’s intentions or immigration plans. Immigration officers may review whether the marriage affects the applicant’s eligibility for asylum or whether the relationship appears to be primarily for immigration benefits.
For example, if an asylum applicant suddenly abandons their claim after marriage to pursue a different immigration pathway, officers may review the timeline carefully. Transparency and proper documentation are important to avoid misunderstandings during the process.
In addition, applicants should always notify immigration authorities of significant life changes when required, including changes in marital status. Keeping records accurate and updated helps prevent delays or complications later.
Why Legal Guidance Matters
Because immigration law is complex, marriage while an asylum case is pending can create legal scenarios that vary depending on personal circumstances. Factors such as entry history, immigration status of the spouse, and the stage of the asylum process can all influence the available options.
Consulting an experienced immigration attorney can help applicants understand whether continuing the asylum case, pursuing family-based immigration, or combining both strategies is the best approach. Professional guidance can also help ensure all paperwork is filed correctly and deadlines are met.
Final Thoughts
Marriage is an important life decision, and it does not have to be postponed simply because an asylum application is in progress. In most cases, individuals are free to marry while their asylum case is pending. However, the immigration consequences depend on the details of the situation and the long-term plans of the couple.
Understanding how marriage while an asylum case is pending may affect immigration options can help applicants move forward with clarity. By staying informed, maintaining proper documentation, and seeking legal advice when needed, couples can navigate both their personal and immigration journeys more confidently.
