Can i file I 485 form if i130 approved wife Green Card holder, i am asylum pending

[Hellcat]

Hello everybody, need your advice cause 2 lawers says opposite things regarding my situation.
I came to US in 2014 B2 visa, after 5 month filed asylum case, still was not even first interview, nothing. I have EAD DL.
In 2016 i married on a Green Card holder girl, we filed i130 form and got approval after 4 month.
My question is: If my due date in January 2018 once this day become, can i file i485 form and what chances if i will get approve? Couse my wife not a Citizen yet and i am out of status, just asylum pending.
One lawer told me i have to wait unteal wife will get Citizenship than file i 485, another says yes you can file and will get Green Card, than just close asylum case. So where is the true???
Thank you.

[inadmissible]

So you have not accrued any unlawful presence?
You have never worked without authorization?

[Hellcat]

Yes correct, my B2 visa 180 days expired when i was already under asylum pending case, so i was legal, than i have got EAD and extended it again, asylum case since 2015 year still pending and i had no any notice for interview.
If i will file i485 form in January 2018, will they approve it in case i was in USA all this time and with asylum pending.

[Hellcat]

Yes correct

Yes i was always lawfully in USA, b2 visa 180 days expired when i had asylum case pending, i always had EAD and extended it, never worked without, can i file i485 in January 2018 and will they accept it if i was under asylum pending status all this period?

[inadmissible]

I believe you are not eligible for adjustment of status

"Pending asylum" is not "maintaining continuous lawful status" for the purpose of applying for adjustment of status (not a requirement for immediate relatives of a US citizens)

That said, you have not accrued any unlawful presence, so you should be able to depart the United States and apply for your immigrant visa at a consulate abroad without triggering the grounds of inadmissibility related to unlawful presence. This might not be an option if you have a credible fear of returning to your home country. You could seek a student visa, work permit, or residency in a safe third country (eg Canada or Mexico) in order to apply for your immigrant visa there

You should travel on advance parole so that you have the flexibility of returning to the United States to attend asylum hearings or to adjust status on the basis of marriage to a US citizen (if she naturalizes before you are granted the immigrant visa abroad)

[inadmissible]

If you can easily get a spousal visa or residency in your spouses home country, you could potentially apply for an immigrant visa at a US consulate there, without having to travel to your home country (putting both you and your asylum application at risk)

[jambreaker]

do not listen to those previous comments.

I know someone who was in a similar situation like you.
First thing you need to do is to not go out of the U.S.A
Then I will advice you to wait until your PD arrives then submit your I-485.

[inadmissible]

He can travel all he wants (except to his home country) with approved Advance Parole

I suppose there is always some risk travelling on AP, but if it means getting a green card 3 years sooner it is probably worth it

[newacct]

Then I will advice you to wait until your PD arrives then submit your I-485.

He is not eligible to file I-485, because he is in a non-Immediate-Relative category and he has been out of status.