Originally Posted by
NYcityboy
Will need to know why you are in removal proceedings to see if the violation is waived by marriage to USC.
If you are in proceedings, the IJ has jurisdiction over your cases, and USCIS can only approve the I-130, which is filed by the USC spouse. the IJ has jurisdiction over you in the removal proceedings and after the I-130 approval, can approve the PR or adminsitratively close the case to allow you to file AOS. I agree with JudyKayTee, consult with an experienced immigration attorney. good luck.