no

u have to choose

u can

your not allowed to adjust status while pending

look it up on google

ild ask a lawyer.

yes, you can and keep her asylum case active

yes it’s called I-130

i130 only but she won’t be able to adjust status so it doesn’t make any sense

cool

@fu you literally have no jack clue about what you saying, yes you can since the asylum is pending. since she’s not in removal already you can go ahead and petition for her i130 and i485. I’ve seen a lot of people do it

hello, if asylum case is pending and your wife did not have an interview yet, then you can file i130 for her. BUT, since you are a green card holder, if she was present in US illegally even one day - she won’t be able to adjust her status. If she was legally here all the time and she did not have any interviews for her asylum, then you can definitely file i130, and if things go well, then she would need to send a letter to withdraw her asylum case.

@giftency545 love do not address me if you state what u know and u know what u state is write do without addressing me

@yasya s that’s the issue though, if she came in legally she might be able to apply for a waiver for unlawful presence, I think the petitioner should upgrade to citizenship in order for spouse not to have any of that issue. but mind you if she came in legally and filled asylum before her status expires she is not accumulating any unlawful presence until a decision is made about her case

@fu I will address ur misinformation and you can’t do shit G😂😂

@giftency545 love Totally agree! Also, to add to your statement, if she accumulated unlawful presence, yes, she could file for a waiver, but they might send her for an interview via consular proceeding. Hence, she might need to go to her home country to process from consulate, which she can’t do because she can’t go to the country that she filed an asylum from.

@giftency545 love make it make sense we both typing what can any of us

@yasya exactly I agree with you 100%

@fu it’s all love. I was joking, hope you have a great day😂😂

she can withdraw her pending case though. and you file 130 for her.

if he does they will question her asylum case

agree with @f u it’s better to keep the asylum case to avoid further questions. if all goes well with marriage based gc, then you can withdraw it

get ur marriage green card and withdraw ur asylum. that’s how it works

but what if she came illegal how is she gonna get marriage green card

number 1 he is not even a citizen

this is a question for a lawyer, esp if she came illegally

@giftency545 love sorry for asking, did you have the same situation? just wondering if you could share your experience at the interview if you were in the same position

@fu again you have to learn how to read, the question does not specify if she came here illegally, a lot of people come here legally and still file for asylum. if she was inspected and admitted legally and proceeded to file for asylum, then uscis considers her an arriving alien and has jurisdiction over her.

what I was saying about coming illegal is if u come her without a i94 u cannot get a green card by marriage so am saying he should let her get her asylum giftency545 love please stop addressing me

@yasya I hv not bn in such situation but my wife is an immigration lawyer and everyday we go through a lot of cases. one of her law firm clients had exactly this kinda case. she came in through jfk filed for asylum 3 months later and you not accuring unlawful presence while ur case is pending, she got married to a farmer who was a green card holder, green card granted feb this year and her asylum case was withdrawn.

now if you already hv unlawful presence but was inspected into the country and ur petitioner is just a green card holder you would need to file a waiver with ur AOS package

thanks a lot for sharing. do you know if she was asked a lot of question on asylum on her marriage based interview?

@yasya according to my wife she was asked why she choose to adjust status rather than wait for her asylum case. Remb the underlining reason for both cases are different and uscis officers generall just focus on the AOS case and to see if the marriage is bonafide

makes sense. thanks a lot for the info, very helpful 👍🏻

@fu I will not stop, now you clearified yourself, yes if you were not inspected an you here illegally you can’t get a green card except if you have daca or was here since the ronald Reagan amnesty. those two categories can qualify even though they were not inspected.

@yasya Remb this are gov workers who just want to work and go home. they don’t really care lol

haha totally

u know this is why this world cannot be better you guys disrespect people for no reason when in fact your the one that wasn’t reading what I responded your acting as if am telling a lie or giving false information

and everybody case is different and every immigration office approach is different if your wife is a lawyer refer this person to her

@fu Godspeed

@yasya what’s ur situation?

I have pending asylum for almost 7 years, no interview, nothing. got married and my husband filed for me. haven’t gotten an interview yet. was just wondering if they really would dig into asylum case

@yasya you would be asked 1 or 2 questions about it and that’s it. they will focus on the current case. how did you come here? visa type? did you get ur ead yet?

that’s what I thought. I came here with j1 visa. I have my EAD though the asylum case, and never received through marriage. thanks again for all the info you shared!

@yasya then you good, just wait for ur interview. get lots of evidence and after you get ur green card withdraw ur asylum case.