K3 Extension/EAD?

[WretchedMidget 0]

So, my K3 visa is going to expire in October. This also means that my EAD expires in October. We're almost done with the NVC process for the I-130 (we opted to do consular processing as Montreal isn't that much further and I can visit family), but I have some major doubts that I'll have my greencard in hand by October 5th.

Long story short, we were planning on doing Canadian immigration for my husband and moving to Canada. For financial reasons, we decided against it, and have since continued where we left off with the NVC. We just sent in the Affadavit of Support a few days ago, and sent the IV fee almost a month ago but haven't received anything since.

I can file for an extension of the K3. I know getting this extension is unlikely, seeing as we had a year and a half from when my I-130 was approved to actually get CR-1 (now IR-1) status. However, if this extension is somehow approved, is there any way to get the EAD extended? We just bought a house together and are still making payments on my husband's car as well. There is no way we can survive on one income for longer than a couple weeks.

If anyone has any advice, that would be wonderful.

Thank you!

Edited June 18, 2006 by WretchedMidget

[scy 0]

Read the following requirements from USCIS for extending K-3/K-4 status.

http://frwebgate.access.gpo.gov/cgi-bin/ge...ocid=fr14au01-1

C. Extension of Status

Following the 2-year admission period, a K-3 and K-4 nonimmigrant

may apply with the Service for an extension of stay using Form I-539,

Application for Extension of Stay, in 2-year increments. Since the

Service believes that the purpose of the K-3 and K-4 nonimmigrant

classifications is to provide family reunification while the

immigration process is ongoing, the Service will require an alien

seeking an extension of stay to have filed a Form I-485 or an

application for an immigrant visa. If Form I-485 or application for an

immigrant visa has not been filed, the alien must be still awaiting

approval of the pending Form I-130, in order to be eligible for an

extension of stay, or be able to provide the Service with ``good

cause'' as required by the new 8 CFR 214.2(k)(10)(ii) added by this

regulation. In addition, the alien must continue to be married to the

U.S. citizen spouse who petitioned for the alien's K status. Finally,

the U.S. citizen parents (including stepparents) of K-4 aliens should

file Form I-130 on the child's behalf at the earliest possible time, if

they have not already done so. These requirements will ensure that all

aliens who enter as K-3 and K-4 nonimmigrants ultimately continue the

immigration process to become permanent residents and continue to meet

the statutory definition of the K-3/K-4 nonimmigrant classification.

If the Service intends to deny an application filed for an

extension of K-3/K-4 status, the Service will send the applicant a

notice of intent to deny and the basis for the proposed denial. The

applicant will then have 30 days from the date of the notice to submit

additional information in rebuttal. No appeal shall be available for

Form I-539 denials which are filed for an extension of K-3/K-4 status,

pursuant to 8 CFR 214.1©(5).

The Service expects that this requirement will have no impact on

the majority of aliens entering as K-3 or K-4 nonimmigrants. Once in

the United States, those in K-3 or K-4 status may file for adjustment

of status at any time following the approval of their Form I-130

petition as immediate relatives of U.S. citizens, and most will do so

very quickly after such approval. However, the Service believes that

Congress did not intend the K-3 and K-4 classification to be one which

would be of indefinite duration or one which could be extended in

perpetuity without the alien spouse or child taking steps to become a

permanent resident. For this purpose, and to deter marriage fraud, the

Service will require the Form I-485 to be filed prior to allowing an

extension of stay as a K-3 or K-4. This regulation adds this

requirement for K-3/K-4 aliens seeking an extension of stay to 8 CFR

214.1©(2), which generally covers extensions, by requiring these

aliens to comply with 8 CFR 214.2(k)(10), discussed in paragraph D

below.

[Reba 2]

you can also file an application to extend your EAD, but depending on the processing time at your local DO, you may not get it in time anyhow.

I believe that you are still legal to work as long as you have an application pending when your card expires. There may not be much overlap anyhow, but check with your HR department at work, they should have some info on it there.