Chris E
Dec 5, 2025
AOS for spouse
My EB1 has been approved and I've filed for AOS. My AOS is pending approval and I'm 3 months in. I heard it takes like 6 months to get approved.
While my AOS is pending approval, can I legally marry my finacee now and file I-485 for her as my spouse, so we can both get our green card together?
Will they think it's marriage fraud? will they deny my application? I just have a lot of concern. Has anyone file while pending AOS?
Edit: Also, my finacee is a dependent of a pending asylum application. So technically she does not have a lawful status but has protected stay. Will her status impact the AOS?
Please I need urgent answer🙏🏾
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Lawfully UserDec 5, 2025
Yes, you can get marrried and file AOS for your spouse as a derivative beneficiary while your I-485 is pending. You'll just need to provide some evidence of bona fide marriage along with their AOS application. It's not that uncommon.
Chris EDec 5, 2025
Hi @Joseph Climber I just added an update that my finacee is a dependent of a pending asylum application. since she doesn't technically has lawful status yet, will it affect the AOS?
Alice hDec 7, 2025
her status won’t impact your aos, but it might slow things down if it turns out that she’s not eligible for aos based on the complexity of her status/no status.
talk to your lawyer about it.
if she has TPS (temporary protected status), she should be good, it sounds pretty much like lawfull presence, unless tps expired.
if she’s lawfully present, she should be eligible for aos.
if she’s not eligible for aos rn, probably you should apply for aos only for yourself, get your green card, and then submit a marriage-based petition for her? it will be a lengthy prosess for her though I think.
anyway, talk to a lawyer. it’s a complex case and professional advise is needed
Chris EDec 7, 2025
Thanks, you all!
