Hello,
I am a US Citizen. My now wife entered the US legally from Venezuela on a tourist visa. Before our marriage, she requested asylum. Unfortunately, she was referred to an immigration court. She is technically in removal proceedings. She had her first official hearing. The one where things are more like a formality. You show up with your lawyer who talks to judge and prosecutor and then you get a new date for the real hearing. A year or so after this we got married.
We submitted our I-130 through our lawyer. Our I-130 was approved in around 14 months. No interview required. (I can provide exact timeline if requested).
On May 6th 2021, we submitted the AOS I-485 through our lawyer. Because of her pending asylum case and being technically in removal status, the form had to be submitted specifically to the Texas Service Center and also the Immigration court. Our lawyer confirmed that the paperwork was submitted to the court also.
Right now, we are waiting for a new hearing date.
All that background to ask:
What are all the different ways this could go. It's my understanding that no matter what, things will hinge on the immigration judge as the court has jurisdiction over my wife.
What can we expect when we go to the next hearing (whenever that might be?) is it likely for the court to dismiss the asylum case? Are these types of hearings contentious? Do courts adjudicate AOS applications?
Any insight will be appreciated. It's hard to find people in our situation.