Alam Mia
Jun 18, 2025
Married to Green Card Holder While on pending Asylum — What Are My Options ?
I have a pending asylum case and recently got married to a green card holder. Now my spouse wants to apply for my green card. I’m trying to understand what my options are.
One lawyer told me I can’t do anything until my spouse becomes a U.S. citizen. Another lawyer said I can file the I-130 petition now, but not the I-485 application.
Is anyone else in a similar situation who can share their experience or give some guidance? I feel really lost. Please help
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JD LJun 18, 2025
@Alam Mia When does your spouse become US Citizen?
my b my bJun 18, 2025
best advice, wait till your wife becomes a citizen. because if you file i130 is not going to do anything until your wife becomes citizen
innocent nciJun 18, 2025
I was in the same situation you will have to wait until your wife because a US citizen then she can file for you because right now you are out of status
Angel KJun 18, 2025
@Alam Mia my spouse is in the same situation , my attorney told us to file for i-485 with pending asylum , and keeping the asylum case active because if and when the asylum is approved , then officer can proceed with i-485 because PD date is current. we didn’t file yet because I
didn’t understand this so still waiting
sarah heipsJun 18, 2025
@Angel K you can’t apply for I-485 on pending asylum neither can you apply for permanent resident as a spouse of LPR if your visa is not current. your application will. get rejected. On the other hand you can file for I-130 to put you in the Queue which usually takes along time. Then if your spouse become US Citizen in the mean time then you let USCIS know and your application will be upgraded. As a spouse of LPR you can only file for Adjustment of status when a visa number is available and your Priority date is current. That can take years.
Angel KJun 19, 2025
@sarah heips my PD is current and visa number is available … let me know pls if that will help
sarah heipsJun 19, 2025
yes@Angel K you can file for I-485 now
Angel KJun 19, 2025
@sarah heips thankyou , even with pending asylum ??
sarah heipsJun 19, 2025
@Angel K that’s where a lawyer is important because you need to be in legal status and asylum pending is not a status. So that’s where I don’t know sorry
Angel KJun 19, 2025
@sarah heips yeah i understand . no worries thanks for your response
Sarah nahhhJun 21, 2025
your pending asylum is your legal status right now. you are not illegal. your spouse can file for you but it will take way more times so it’s better to wait when your spouse is a citizen. An asylum interview can take years to be scheduled so sit tight at the meantime
