Immigration Site

Please any advice would be gladly appreciated. I and my USC wife have been married for about 17 months now, Our first application was denied in February and we are in the process of re-applying in October.

My current EAD expires in December and I was thinking of renewing that also.

These are my concerns.

1. Should I wait till Feb next year to re-apply for AOS, since we would have fulfilled the 2 years marriage requirement and a 10 year green card issued to us. The problem is that if I wait till then, my EAD would have expired and I will have to stop working.

2. Can I renew my EAD next month without re-applying for my green card. I am not sure if that would be denied or approved.


Please any iuputs would be appreciated.

Thanks.
Ben.

Your EAD renewal would be rejected because your I-485 was denied.

What was the reason for denial?

If the I-485, on which this EAD was based, has been denied, you should not be using this EAD I believe.

My current EAD expires in December and I was thinking of renewing that also.

Can I renew my EAD next month without re-applying for my green card. I am not sure if that would be denied or approved.

Thanks.
Ben.

Ben,

Your EAD card is now invalid. On the day your I-485 was denied, which was in February 2010, your became ineligible to use the EAD card for employment, which means currently you are working illegally in the US. Dont even assume that since the EAD card has an expiration date for next year makes it OK, you were royally screwed by the denial. Dont even think about sending the renewal, because as far as USCIS is concerned, you are NOT authorized to be employed.

The million $$$ question: why was were petition denied by USCIS? Do you and your spouse have questionable issues regarding legitimacy of your marriage?

Two years and married wont just ensure you get a 10 years green card, with a denial on record, you will need to provide sufficient evidence that marriage was entered in good faith, NOT for the green card.