I applied for asylum and was denied last year. My case was transferred to NY from another jurisdiction for removal, but I got married. Should I go ahead and file for my I-130 right now through my spouse? Should I also do the I-485 now or should i file that after removal proceedings are done?
File the I-130 now. But understand that your marriage will come under additional scrutiny. There is a presumption in the immigration laws that anyone who marries after the start of removal proceedings is just trying to stop deportation, and the marriage is not genuine. You and your spouse can overcome this presumption, but only with "clear and convincing" proof that your marriage is real.
I agree with my colleague's excellent answer.
I would be careful about the timing of the filing of the I-485, however, and would do so only after having the judge agree to terminate the removal proceedings. Otherwise, depending on the particular jurisdiction, you risk USCIS not moving on that I-485 since it is not approvable and you can risk losing the $1,070 filing fee and would have to refile.
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