Critical Question
May 7th 2005 | 7:10 am
#1
Thread Starter
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Posts: 409
From: Loveland, Colorado
Critical Question RE: EAD Denial
The story looks like this : My wife came to the US in December 2003 on K3 visa. We had an interview for Adjustment of Status in November 2004, but the name check is still pending, so she hasn’t received her green card yet.
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
Last edited by Richard III; May 7th 2005 at 7:43 am. Reason: saynothing Title line
May 7th 2005 | 7:53 am
#2
Mummy and baby 1982
Joined: May 2003
Posts: 1,067
From: North West Chicago Suburbs
Re: Critical Question
Hi Richard
I'm afraid I don't know the answer to your question but perhaps they are saying that because the I-130 has now been approved that you should be persuing that,which you are by doing AOS, although I'm really not too sure. Hopefully his AOS will go just fine and when he gets the stamp in his passport he probably doesn't need an EAD.
I wish you luck as I remember we had similar circumstances with my son coming on a K4 almost a year after my K3. We are going the consular processing route and have an interview in June in London. My son got his EAD eventually around 6 months after applying. He had to get an interim EAD after 90 days had elapsed.
Good luck with everything.
Maggie
I'm afraid I don't know the answer to your question but perhaps they are saying that because the I-130 has now been approved that you should be persuing that,which you are by doing AOS, although I'm really not too sure. Hopefully his AOS will go just fine and when he gets the stamp in his passport he probably doesn't need an EAD.
I wish you luck as I remember we had similar circumstances with my son coming on a K4 almost a year after my K3. We are going the consular processing route and have an interview in June in London. My son got his EAD eventually around 6 months after applying. He had to get an interim EAD after 90 days had elapsed.
Good luck with everything.
Maggie
Originally Posted by Richard III
The story looks like this : My wife came to the US in December 2003 on K3 visa. We had an interview for Adjustment of Status in November 2004, but the name check is still pending, so she hasn’t received her green card yet.
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
May 7th 2005 | 1:08 pm
#3
Overworked and exhausted
Joined: Jun 2003
Posts: 1,111
From: New York
Re: Critical Question RE: EAD Denial
Hi Richard.
I don't know the answer to your question, but I just wanted to say hello! You've been MIA for so long. Welcome back.
I don't know the answer to your question, but I just wanted to say hello! You've been MIA for so long. Welcome back.
May 8th 2005 | 11:12 am
#4
Thread Starter
BE Enthusiast
Joined: Jan 2003
Posts: 409
From: Loveland, Colorado
Re: Critical Question RE: EAD Denial
Heba - are you still hanging around here? Long time no see ;^). I hope things are going well for you - as you can see we're still struggling with the details, nothing is ever easy -
Richard III
Richard III
Originally Posted by Hebapotamus42
Hi Richard.
I don't know the answer to your question, but I just wanted to say hello! You've been MIA for so long. Welcome back.
I don't know the answer to your question, but I just wanted to say hello! You've been MIA for so long. Welcome back.
May 8th 2005 | 4:34 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Critical Question RE: EAD Denial
Originally Posted by Richard III
The story looks like this : My wife came to the US in December 2003 on K3 visa. We had an interview for Adjustment of Status in November 2004, but the name check is still pending, so she hasn’t received her green card yet.
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
My step-son came to the US on K4 visa in January 2005. We applied for his adjustment of status & EAD in January 2005.
Notice of action for his I-485:
Received date February 01,2005
Notice date March 04, 2005.
For his I-765:
Received date February 2,2005.
Notice date February 4. 2005.
Yesterday, May 6, we received a Notice of Decision, informing us that 'your EAD be denied for the following reason:'
The “K†nonimmigrant classification includes the class of qualified aliens who are beneficiaries of an approved Form I-130, immigrant visa preference petition, which includes the spouse and child of a United States Citizen. The nonimmigrant K-3 may be issued to the spouse of a United States Citizen. The nonimmigrant K-3 may be issued to the child of a K-3 parent. The validity of the EAD for a “K-4†visa holder is 2 years, or until the expiration of their Arrival/Departure record. Or the alien is no longer considered a child, for immigration purposes……
Pursuant to Title 8,Code of Federal Regulations, Part 103.2, your Application for EA is denied. There is no appeal to this decision. This decision is without prejudice to consideration of subsequent applications filed with the Service.â€
My step-son has his appointment for the interview for Adjustment of Status the 10th of May, Tuesday.
My question is :
Are there any reasons to worry about his interview because of this EAD denial? Or are these two questions not related?
Should we show this denial at the interview?
You see, there’s no time even for an appointment with the lawyer.
We appreciate any useful information, we feel very much at a loss.
Richard III
You don't give the DOB of your step-son and the date of your marriage to his mother. Without those two little pieces of information, I haven't a clue on how to answer your questions.
May 9th 2005 | 9:00 am
#6
Overworked and exhausted
Joined: Jun 2003
Posts: 1,111
From: New York
Re: Critical Question RE: EAD Denial
Originally Posted by Richard III
Heba - are you still hanging around here? Long time no see ;^). I hope things are going well for you - as you can see we're still struggling with the details, nothing is ever easy -
Richard III
Richard III
I've just learned to live with it though. I'm tired of being upset all the time.
May 10th 2005 | 9:04 am
#7
Thread Starter
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Joined: Jan 2003
Posts: 409
From: Loveland, Colorado
Re: Critical Question RE: EAD Denial
Folinskyinla -
Sorry, we were married October 2, 2002 and his date of birth is February 28, 1984 - therein lies the rub -
Richard III
Sorry, we were married October 2, 2002 and his date of birth is February 28, 1984 - therein lies the rub -
Richard III
Originally Posted by Folinskyinla
Hi:
You don't give the DOB of your step-son and the date of your marriage to his mother. Without those two little pieces of information, I haven't a clue on how to answer your questions.
You don't give the DOB of your step-son and the date of your marriage to his mother. Without those two little pieces of information, I haven't a clue on how to answer your questions.
May 10th 2005 | 12:22 pm
#8
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Critical Question RE: EAD Denial
Originally Posted by Richard III
Folinskyinla -
Sorry, we were married October 2, 2002 and his date of birth is February 28, 1984 - therein lies the rub -
Richard III
Sorry, we were married October 2, 2002 and his date of birth is February 28, 1984 - therein lies the rub -
Richard III
It is not a "rub" -- he is not your "step-son" as that term is defined under the Immigration & Nationality Act. IMHO, I think the K-4 classification in this circurmstance can be subjected to multiple interpretations and you might want to sue. Or not.
May 10th 2005 | 1:56 pm
#9
Thread Starter
BE Enthusiast
Joined: Jan 2003
Posts: 409
From: Loveland, Colorado
Re: Critical Question RE: EAD Denial
Folinskyinla -
That's what I was alluding to. Because he was 18 when his mom and I were married, he doesn't share his little sister's luck for birthdates. Several people recommended or suggested that my(unofficial)step-son go to the consulate and get a k-4 visa. He did and left his studies behind to move to the US and join his family only to discover that he can't get an EAD, driver license, or adjust status. About all we can hope for is a merciful immigration judge. I don't know what the odds are -
Richard III
That's what I was alluding to. Because he was 18 when his mom and I were married, he doesn't share his little sister's luck for birthdates. Several people recommended or suggested that my(unofficial)step-son go to the consulate and get a k-4 visa. He did and left his studies behind to move to the US and join his family only to discover that he can't get an EAD, driver license, or adjust status. About all we can hope for is a merciful immigration judge. I don't know what the odds are -
Richard III
Originally Posted by Folinskyinla
Hi:
It is not a "rub" -- he is not your "step-son" as that term is defined under the Immigration & Nationality Act. IMHO, I think the K-4 classification in this circurmstance can be subjected to multiple interpretations and you might want to sue. Or not.
It is not a "rub" -- he is not your "step-son" as that term is defined under the Immigration & Nationality Act. IMHO, I think the K-4 classification in this circurmstance can be subjected to multiple interpretations and you might want to sue. Or not.
May 10th 2005 | 2:23 pm
#10
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: Critical Question RE: EAD Denial
Originally Posted by Richard III
Folinskyinla -
That's what I was alluding to. Because he was 18 when his mom and I were married, he doesn't share his little sister's luck for birthdates. Several people recommended or suggested that my(unofficial)step-son go to the consulate and get a k-4 visa. He did and left his studies behind to move to the US and join his family only to discover that he can't get an EAD, driver license, or adjust status. About all we can hope for is a merciful immigration judge. I don't know what the odds are -
Richard III
That's what I was alluding to. Because he was 18 when his mom and I were married, he doesn't share his little sister's luck for birthdates. Several people recommended or suggested that my(unofficial)step-son go to the consulate and get a k-4 visa. He did and left his studies behind to move to the US and join his family only to discover that he can't get an EAD, driver license, or adjust status. About all we can hope for is a merciful immigration judge. I don't know what the odds are -
Richard III
Welcome back!!I am so sorry to hear about your problems
I wish you nothing but the very best!
May 11th 2005 | 2:29 am
#11
Thread Starter
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Joined: Jan 2003
Posts: 409
From: Loveland, Colorado
Re: Critical Question RE: EAD Denial
Hypertweeky -
Thanks - I hope all is well with you and yours -
Richard III
Thanks - I hope all is well with you and yours -
Richard III
Originally Posted by Hypertweeky
Hey Richard!! Welcome back!!
I am so sorry to hear about your problems
I wish you nothing but the very best!
Welcome back!!I am so sorry to hear about your problems
I wish you nothing but the very best!
