Q: Filling for I-130 and I-485.
I am in very peculiar situation. I recently got married to U.S. Citizen and she want to file I-130 for me but I am currently under removal proceedings as my asylum case is in Immigration court, for 1 year bar (my final hearing date is set for 01/04/2023). Now the situation is my wife lives in Texas and I am in California and my asylum case is also in California, under such circumstances what should we do? Since the removal proceedings do not fall under USCIS Is it OK for her to file I-130 from Texas?
A:
Your U.S. citizen spouse can file the FORM I-130 with USCIS and announce in the petition that you are in removal proceedings. The petition also requires that you announce the addresses where you and your spouse reside. USCIS will eventually schedule an interview appointment at a USCIS field office to interview both of you. The fact that you and your spouse reside in different addresses will require additional evidence of a good faith bona fide marital relationship.
The FORM I-485 can be filed and adjudicated by immigration judge if you lawfully entered the U.S.
In the alternative, the FORM I-485 can be filed with USCIS if the immigration court terminates the removal proceedings and you are eligible to adjust status with USCIS.
Good luck to you.
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