b p
Feb 16, 2025
please help - marriage based green card
Hello, I have a complicated scenario and need some feedback. I applied for asylum 10 years ago and was in pending court date for years. I did not have any other status while my asylum case was pending. However, I applied for TPS 4 years ago and dismissed my asylum case with the court. I am married to a GC holder (not a citizen yet). my I-130 is already approved. Am I able to file for AOS based on my marriage or do I have to wait for my spouse to become a US citizen? one of the lawyers told us that I am not eligible to do AOS until my spouse becomes a citizen because pending asylum case is considered unlawful presence which I am not sure it does. Please share your feedback, thanks.
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Anna BFeb 16, 2025
wait until he becomes a citizen first because if you don’t it will take longer
Rocco FortéFeb 16, 2025
@b p TPS isn’t status so withdrawing your asylum case was a huge mistake, especially while married to a greencard holder. Like @Anna banana said you’ll have to wait till your spouse becomes a citizen to adjust. How far is your spouse from being a citizen?
unknown unknownFeb 16, 2025
you can fill your i485 as soon as you’re 130 approved but only if you have a legal status can be tps doesn’t matter
July 2022Feb 16, 2025
better to apply now to avoid unexpected problems , once receive passport then updated to uscis.
D DAYFeb 16, 2025
@ BP,
You are already in the adjustment process since your I-130 has been approved. You may go ahead and apply for I-485 ASAP . The process might take long with your spouse being a greencatd holder [ legal permanent resident] , but you better do it ASAP. If you wife obtains citizenship in between, she can update her new status with USCIS.
Rocco FortéFeb 16, 2025
@D DAY He can’t apply for adjustment as the spouse of a greencard holder if he is out of status. He should never have withdrawn that asylum case
Daniel TFeb 16, 2025
@b p you definitely need to talk to an immigration lawyer before making any other mistake. Only lawyers can give you a more accurate scenario.
