Current Status on Expired K1??

[StephyandTom 0]

What would my current immigration status be considering my K1 visa has expired, but we got married within 90 days.

this is for the EAD, should i put Married/K1 expired/Out of status?

[YuAndDan 153]

EAD is filed based on pending I-485 (C )(9 ) and is filed with or after filing I-485, if filed after I-485, you attach a copy of I-485 NOA1 letter, and mail it to the same Chicago address as you sent the I-485.

K-1 should NOT file I-765 based on K-1 status, the resulting EAD will expire 90 days after entry, and if I-765 is filed after the 90 days it will just get rejected, a waste of $340

Fill in profile details PLEASE. You did not come from N/A, and you did not file for N/A http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=58299

Edited December 5, 2008 by YuAndDan

[StephyandTom 0]

Sorry for not filling out the timeline! i will do so in a second, it's been long and complicated as you will probably know all too well...

We haven't filled for AOS yet as we don't have sufficient funds. I need an EAD in order to work in order to raise the money for the AOS which is why we need to apply for the EAD first.

[YuAndDan 153]

Sorry for not filling out the timeline! i will do so in a second, it's been long and complicated as you will probably know all too well...

We haven't filled for AOS yet as we don't have sufficient funds. I need an EAD in order to work in order to raise the money for the AOS which is why we need to apply for the EAD first.

Unfortunately you will not be able to get EAD, K-1 can only get EAD that is valid the length of their I-94 card. So if I-94 is expired the EAD application WILL be DENIED, a useless waste of $340, save the $$$ for AOS.

[StephyandTom 0]

but i can't work without an EAD and my wife is too ill to... so, we're stuck.

thanks for your help! we'll find a way around it, you've saved us time and money so thank you

[Otto 83]

but i can't work without an EAD and my wife is too ill to... so, we're stuck.

thanks for your help! we'll find a way around it, you've saved us time and money so thank you

It is possible (although I've no first hand experience) to file for a Fee Waiver.

Source

[YuAndDan 153]

but i can't work without an EAD and my wife is too ill to... so, we're stuck.

thanks for your help! we'll find a way around it, you've saved us time and money so thank you

It is possible (although I've no first hand experience) to file for a Fee Waiver.

Source

Yes, need to prove hardship.

[StephyandTom 0]

looking at the Waiver Guidance info I don't think we come under any of the provisions needed for the waiver.

Also, would applying for this and still haveing to prove an affidavit of support not clash with each other? we have a co-sponsor but we don't feel right asking our co-sponsor to pay for the AOS forms...

[YuAndDan 153]

looking at the Waiver Guidance info I don't think we come under any of the provisions needed for the waiver.

Also, would applying for this and still haveing to prove an affidavit of support not clash with each other? we have a co-sponsor but we don't feel right asking our co-sponsor to pay for the AOS forms...

As for affidavit of support, you could always us a Joint-Sponsor.