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Question about leaving US and returning

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Question about leaving US and returning

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Old Sep 29th 2002, 3:42 pm
  #1  
Melissa
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Default Question about leaving US and returning

Ok here is the deal. My husband just activated his K-3 visa at the border
in Vancouver but didn't receive the EAD stamp. I am not working currently
because we have a child together. (We do have co-sponsor etc.) He needs to
get his EAD right away before he can actually move. Can he apply for
adjustment of status and get the EAD while he is still technically in
Canada? Or will he have to remain in the US while the adjustment is pending?
The way we understand it is he applies for the AOS at the Seattle INS office
and would "not" need advanced approval to leave the US because he has an
active "multi-entry" K-3 visa. This sounding correct? Does anyone know if
its possible to just go in and apply for the EAD without doing the
adjustment (would that increase the speed of getting the EAD in other
words?) He also has an approved I-130 just to note.

One other thing...On the INS website is says the 485 has to be submitted
with the medical and bio-graphic data and I-864. We know he'll need the 864
and 485 but does he need another medical if he already had the K-3 medical
less than 2 months ago? Same for police clearance....He just had that done
as well.

Thanks all!

Melissa
 

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