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family-based AOS (not thru spouse) vs marrying to someone on refugee status vs... Posted on: Thu, 7 Oct 2004 23:59:34 +0000 (UTC)

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.

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