Can non-asylee spouse be added to I-485 application of asylee

[Milid]

Received asylum 2+ years ago. Recently got married to someone from a different country on H1B status.

Can I add my non-asylee spouse from a different country to my I-485 application? Or is the right approach for my spouse to apply I-485 based on "spouse of permanent resident" after I get my GC?

Thank you

[westEdge]

Received asylum 2+ years ago. Recently got married to someone from a different country on H1B status.

Can I add my non-asylee spouse from a different country to my I-485 application? Or is the right approach for my spouse to apply I-485 based on "spouse of permanent resident" after I get my GC?

Thank you

Since your spouse was not included in the original I-589 application, he cannot be file I-485 based on your approved asylee status. You will need to file an I-130 petition for your spouse. Note that there is a priority date for GC spouse petition (F2A visa category). Your spouse will need to maintain his legal status for 1-2 years until the visa priority date is current, in order to file I-485 Application to adjust status in the U.S.