What is my status?

[groovyaardvark 7]

Hello Everyone!

I am currently working on an E3 visa.

My AOS has been accepted and now I am waiting for biometrics, and I suspect a RFE because I forgot to include a joint sponsors W2.

My biggest desire is to move in with my wife ASAP, but I cannot because we are located several hours away and I am stuck on this E3 visa with my job. My understanding is that 10 days after ceasing employment with my E3 sponsor I am required to leave the US.

What I wanted to know was, what is my status exactly if I was to leave my E3 job now? Would it be legit?

I am waiting for the EAD, so I can officially leave my E3 job and work elsewhere but I fear by interview time, my wife and I will have only lived together for 2 weeks or something like that.

[zooch76 9]

Here's my thoughts, but please check with others as well just to be safe....

If you quit your E3 job your official status becomes "Status Pending". It's a legitimate term and you can stay here while pending, but you won't be able to work anywhere else legally until you get your EAD or travel outside the country until you get your travel docs.

If you can afford to leave your job, I would suggest it. As you know, you need to prove to the USCIS that you have a bona fide marriage and one of the ways you do this is by living together at the same address. I would imagine that living hours apart from your spouse does not look too good to the USCIS.

So anyway, yes, you can leave your current job and be legit.

Also, I have heard horror stories about people that change their address while their AOS is pending (forms lost, etc). I assume you filed using two different addresses (yours and your wife's) so if you change your address to that of your wife, be careful and make sure you get all your mail from your old address!

[Harpa Timsah 13,258]

Zooch is right on the money!

Edit: Hmm, maybe this is a strange american idiom... what I mean to say is... ahem... Zooch is exactly right

Edited November 2, 2010 by Harpa Timsah