-Could you explain your situation a little more?
When did you get married?
Has your mother adjusted stautus from asylee to lawful permanent resident?
The asylee staus allows her to leave in the US legally, but she would still need to adjust status to be a lawful permanent resident?
Are you currently over 21?
Yes, you could apply for your wife as a lawful permanent resident. However, a spouse of a lawful permanent resident is not considered an immediate relative so she would be required to return to her home country to adjust status and her priority date,(the date that her application will processed by USCIS) would be at least four years in most cases and five and half years if she is from Mexico based upon the 2nd preference visa category of the U.S. Department of State's April Visa Bulletin which tracks the processing dates of visa applications.
Of course, she could continue in legal status with her F-1 student visa for the duration of her program.
Your best option would probably be to wait until you are eligible to apply for citizenship and then petition for your wife because she would then be considered an immediate relative of a U.S. citizen and a visa would be available immediately. She could remain in the US in lawful status while her application is being processed and would not have to worry about upgrading her application based upon your citizenship which could be more time consuming and expensive.
You will be eligible to apply for citizenship in about ten months or so. You can apply 3 months prior to your five years as a permanent resident. However, it may be a good idea to hire an immigration to assist you with this process and accurately count your days as a permanent resident because an application can be denied if you apply too soon.
Your thought process is solid, but the timing does not quite work out because she would have to return to her home country based upon your petition as a permanent resident if her student visa expires. She could not wait in the US without legal status until you become a US citizen.
Once option that she could explore is to apply for a post-optical training program that would allow her more time to in the US under a student visa. This additional time could match up with your eventual naturalization as a US citizen.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).