Married a Green Card holder while asylum petition is pending

[dkaur]

Hi... my asylum petition is still pending and now I'm married to a green card holder. So can we apply for I-130 or should I wait for my spouse to become US citizen? and what to do with pending asylum case? Please help...

[newacct]

The I-130 petition can be filed at any time. But you will not be able to apply for Adjustment of Status (I-485) in your category if you are out of status. When your spouse becomes a US citizen, you will be able to apply for Adjustment of Status even if you are out of status.

[dkaur]

newacct Thanks !! I have one more doubt - suppose our I-130 gets approved before asylum case then where I will (have to attend) get interview in U.S or I have to go back to my country?
and is there any negative impact on I-130 due to asylum case? like deportation

[newacct]

If I-130 is approved, you can either choose to 1) leave the US and do Consular Processing abroad, or 2) stay in the US and continue with asylum, and if your spouse becomes a citizen before asylum is approved, do AOS.

If your asylum is defensive (i.e. filed when you are in removal proceedings), and if you married after you were already in removal proceedings, then your I-130 will be subject to a higher standard. But an asylum application by itself should not affect it, if you are not misrepresenting anything.