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Who has been in this situation before?
As an F2, I applied for asylum and an EAD, and my interview is coming soon. Meanwhile, my spouse’s EB-2 National Interest Waiver application was approved a few days ago. Can I apply with her as a dependent for adjustment of status? Please let me know your thoughts. Thank you.
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Syriana Asylee7m
Yes, potentially. If your spouse’s EB-2 NIW priority date is current, you may be able to file I-485 as her derivative spouse. The pending asylum case itself doesn’t automatically prevent this, but your F-2/status history and any employment can affect eligibility, including whether INA 245(k) applies. I’d have an immigration attorney review the timeline before filing
