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K visa and I485

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  • K visa and I485

    As per my friend once i apply for I-485 I will loose my K status. Is it true? I have applied for I-130 in Nov 2002 and waiting for the approval.
    If i loose my K status what will happen to EAD based upon K visa? Should i stop working until i get EAD based upon I-485? Can some one guide me.

  • #2
    As per my friend once i apply for I-485 I will loose my K status. Is it true? I have applied for I-130 in Nov 2002 and waiting for the approval.
    If i loose my K status what will happen to EAD based upon K visa? Should i stop working until i get EAD based upon I-485? Can some one guide me.

    Comment


    • #3
      If you have a K visa, you should get married within 90 days of your arrival in the U.S. Because employment authorization takes 90 days to be approved, it is unlikely that you will receive an EAD prior to your being married. Once you are married you can file the adjustment of status package that includes the employment authorization application. This, in effect, changes your status from K visa holder to "adjustment pending" applicant/immediate relative of US citizen. Therefore, by continuing to work with an EAD based on your K visa while you have already a pending I-485 and are awaiting employment authorization is not good.

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