Brooklyn, NY asked in Immigration Law for New York

Q: I have an active asylum petition (i485) but I just married a US citizen, can I still apply for the spousal petition?

Currently, I have an active asylum petition and waiting for court trial (delayed to 2020). I just married my girlfriend of two years who is a US citizen (met her in the US, our marriage qualifies). Can she still file a spousal (i130) petition for me? Would I need to cancel the other petition or can I keep them both active? Thank you!

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2 Lawyer Answers
Lee A. Koch
Lee A. Koch
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Yes. Don't cancel the other petition.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can; however, know that you might be questioned about the validity of your marriage, since it was entered into while you were in removal proceedings. You will need to notify to court of your intentions. If you aren’t working with an attorney, we strongly suggest you consult with one.

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