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Will I-485 will be denied and EAD cancelled

Herndon, VA |

My wife 1-485 is pending in EB3 category she is derivative and I was primary applicant . The primary applicant that's me have already taken US citizenship . will my wife's I485 will be denied as i have taken up USC. what will be here status if I-485 gets denied ? She is currently working on EAD will her EAD will also be revoked. Or her I-485 will still be valid and we should wait for the decision ? Or do we need to go ahead and file her in FB based category by filling I130 ? will we also need to file I485 again along with I-130 ?

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Attorney answers 3


Let the I-485 which is still pending for your wife complete processing and hopefully be approved, unless you would like to pay I-130 and a new I-485 fees..

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.



Hi Thank you for the reply what would happen if here I-485 gets denied will she be out of status ? and her EAD gets invalid ? and she will not be able to work?

Giacomo Jacques Behar

Giacomo Jacques Behar


The answer to all your additional questions is "yes". If that were to occur you will then need to file a marriage based petition on her behalf. You'll pay all the fees again and she'll get a new EAD within 2-3 months. I hope my answers were helpful. Please do not forget to designate a "Helpful" and "Best Answer" to your question.


I would suggest you to file inquiry regarding current I 485 and then make a decision to file new I 485 based on I 130.


No, It will not be on the sole grounds that you are a USC now.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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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