An alien in removal proceedings cannot file their I-485 concurrently with their I-130 as USCIS does not have jurisdiction over the matter. USCIS may only determine the bona fide nature of your relationship. After filing the I-130 with USCIS, you may "receipt in" your I-485 application and then apply for an EAD. You should retain counsel. Anyone in removal proceedings should have a lawyer and knowing how to do the above is one of the many nuances of immigration law.
Best scenario: You get a green card through your spouse.
Worst scenario: You get deported.
Smartest course of action: Hire an experienced immigration attorney.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.