Confused!!!

[mesbahul]

I have a pending I-485 at the moment and plan to get married in a couple of months. Once I get my GC approved based on asylum, I will petition for my wife. We plan to get married in the U.S. Since my GC is based on asylum, I do not qualify for follow-to-join benefits. If I do AOS for my wife in the U.S., will she have to be in status until her GC gets approved?

Thank you for your comments.

 

[TheRealCanadian]

Since my GC is based on asylum, I do not qualify for follow-to-join benefits. If I do AOS for my wife in the U.S., will she have to be in status until her GC gets approved?

She'll need to be in valid status until her PD becomes current.

 

[ccordova624]

If I do AOS for my wife in the U.S., will she have to be in status until her GC gets approved?

Yes and No.

Yes, she needs to hold a valid status, if by the time she adjust her status you (the petitioner) are still a GC holder. She will not be able to adjust her status if she is out of status.

No. If by the time she adjust her status you (the petitioner) are a US Citizen. Illegal status is forgiven for immediate relatives of US Citizens.

In any case, since you received your GC as an asylee (backdated 1 year) you most likely be a US Citizen before the I-130 gets appoved, so in that case you can upgrade the I-130 to spouse of a US citizen and expedite her process.

I hope you are aware of the 5 to 6 years wait for a visa # for spouses of GC holders right?

Good Luck,