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Expiring I-94 and expired K-3 visa

Expiring I-94 and expired K-3 visa

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Old May 2nd 2006, 6:07 am
  #1  
sontong888
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Default Expiring I-94 and expired K-3 visa

My K-3 visa expired in March and my I-94 is about to expire on June 18,
2006. I applied for the renewal of my EAD in March, however, I
received a Request for Additional Evidence letter askig for copies of
my K-3 visa and I-94 (these were submitted along with the application,
so I don't know why they're asking me to resubmit these documents).

My questions are:
1) Will my expired K-3 visa and expiring I-94 be a problem for the
renewal of my EAD??

2) I am going to adjust status soon, should I wait until the I-485 has
been sent to USCIS before I submit the "additional" documents they
require, so I can provide a copy of the USCIS receipt for the I-485.

3) How likely will I be given an EAD while the AOS is pending??

4) If I apply for a temporary EAD, will it be approved?

Hope to get a reply SOON! Thanks!
 
Old May 6th 2006, 8:45 pm
  #2  
Olivier Wagner
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Default Re: Expiring I-94 and expired K-3 visa

Bad news: You just wasted $180 - Your I-765 will get denied
Good news: You can apply for a new EAD under category c 9 as soon as you
adjust status

<[email protected]> wrote in message
news:[email protected] oups.com...
    > My K-3 visa expired in March and my I-94 is about to expire on June 18,
    > 2006. I applied for the renewal of my EAD in March, however, I
    > received a Request for Additional Evidence letter askig for copies of
    > my K-3 visa and I-94 (these were submitted along with the application,
    > so I don't know why they're asking me to resubmit these documents).
    > My questions are:
    > 1) Will my expired K-3 visa and expiring I-94 be a problem for the
    > renewal of my EAD??
    > 2) I am going to adjust status soon, should I wait until the I-485 has
    > been sent to USCIS before I submit the "additional" documents they
    > require, so I can provide a copy of the USCIS receipt for the I-485.
    > 3) How likely will I be given an EAD while the AOS is pending??
    > 4) If I apply for a temporary EAD, will it be approved?
    > Hope to get a reply SOON! Thanks!
 
Old May 7th 2006, 12:14 am
  #3  
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Default Re: Expiring I-94 and expired K-3 visa

Originally Posted by Olivier Wagner
Bad news: You just wasted $180 - Your I-765 will get denied
Good news: You can apply for a new EAD under category c 9 as soon as you
adjust status
If the OP filed for EAD renewal in March, before the K-3 expired, why wouldn't USCIS continue issuing that EAD once they receive the RFE information? If the OP applied for EAD *after* the K-3 expired, I can see why the EAD would be denied...but what if they applied *before*?

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Old May 7th 2006, 1:28 am
  #4  
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Default Re: Expiring I-94 and expired K-3 visa

Originally Posted by sontong888
How likely will I be given an EAD while the AOS is pending?
If you applied for the EAD before your K-3 expired, you will likely get it. If you applied after your K-3 expired, it will be denied. You can apply for a new EAD at the same time you apply for AOS.

Ian
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Old May 7th 2006, 12:29 pm
  #5  
Olivier Wagner
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Default Re: Expiring I-94 and expired K-3 visa

The applicant has to be eligible for the EAD at both the time of application
and the time of adjudication.
I have been denied myself (both from the service center and the distict
office (for interim EAD) because I was no longer eligible 3 months down the
road.

"ian-mstm" <member2954@british_expats.com> wrote in message
news:[email protected] m...
    > > My K-3 visa expired in March and my I-94 is about to expire on June
    > > 18,
    > > 2006. I applied for the renewal of my EAD in March, however, I
    > > received a Request for Additional Evidence letter askig for copies of
    > > my K-3 visa and I-94 (these were submitted along with the application,
    > > so I don't know why they're asking me to resubmit these documents).
    > >
    > > My questions are:
    > > 1) Will my expired K-3 visa and expiring I-94 be a problem for the
    > > renewal of my EAD??
    > >
    > > 2) I am going to adjust status soon, should I wait until the I-485
    > > has
    > > been sent to USCIS before I submit the "additional" documents
    > > they
    > > require, so I can provide a copy of the USCIS receipt for the
    > > I-485.
    > >
    > > 3) How likely will I be given an EAD while the AOS is pending??
    > >
    > > 4) If I apply for a temporary EAD, will it be approved?
    > >
    > > Hope to get a reply SOON! Thanks!
    > If you applied for the EAD before your K-3 expired, you will likely get
    > it. If you applied after your K-3 expired, it will be denied. You can
    > apply for a new EAD at the same time you apply for AOS.
    > Ian
    > --
    > Posted via http://britishexpats.com
 

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