Thanks for the advice Jeffrey, one more question pls. Can i apply for prosecutorial discretion to end the proceedings while pending at BIA?
You would have to discuss that with ICE, but PD does not end the removal proceedings. It simply puts them on hold. The BIA has no authority to grant PD. Consult with an experienced immigration attorney for case specific advice.
My lawyer suggested asking pd to go back to judge with the I-130, but since it's been more than 3 months, don't u need to ask bia to reopen in front of the judge based on marriage? Thanks Jeff
You have a lawyer. You need to discuss this with him as he knows the facts of your case. If you want a second opinion then schedule a consultation with another lawyer. Avvo is not the place for case specific advice.