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EAD Renewal of Permission due to K-1 AOS denial ?

Germantown, MD |

So we were told to withdraw at the Baltimore Interview, since marriage after 92 days on the K-1 visa. Resubmit I-130 along with payment this time, since last time I only filled out the form didn't know to send that payment in, only the I-485 payment. The EAD is from the K-1, so do I need to resend the I-765 to work legally based on a different category?

Attorney Answers 4

Posted

do yourself and your spouse a favor, hire an experienced immigration lawyer. If you married after 92 days - you created other problems. Serious problems.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Asker

Posted

What kind of serious problems are we talking about?

Irene Vaisman

Irene Vaisman

Posted

the need for a waiver, once the marriage did not happen within 90 days, the entry becomes as if it was without inspection making a person inadmissible and ineligible for adjustment, hence a waiver is needed

Posted

Fiancé needs to go back to his/her country and you need to refile and pay the fee again, unless, of course fiancée is from, say Pakistan (and is a woman) & has a "credible fear" of going back to her country.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Asker

Posted

We got married on the 92nd day. She still has to go back ?

Posted

Yes. You will have a bunch of issues though. You need to talk to an immigraiton lawyer.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Hello hope that you are well. Please make sure that you talk to an attorney from what you are describing you may be in a pickle. The EAD is a derivative privileged that is given to applicants that have certain pending applications. However, when the principal application dies, the EAD dies with it. Best of luck!

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