I-485 Intent of Denail RFE

[GreenCard_Mess]

Hi,

I have an Issue with the current I-485 as I worked full time when my EAD was expired so they sent me an Intent of denial Letter. I believed my lawyer blindly when he said they will check one in million if you don't have an EAD. My Bad.

My 485 is currently still pending ( i.e they still have not denied it ) and my wife is going for her citizenship Oct 16. Can I file I-485 again as a spouse to a US Citizen. If I can apply do you guys think that they will go back and refer my old I-485 status and again question me why I worked during that time.

Do I get an EAD if I apply through my wifes citizenship. If so in how many days?

Thanks for any Inputs

[LucyMO]

Can I file I-485 again as a spouse to a US Citizen.

yes, you can. And in this case, your illegal work will be forgiven. Let's hope you will not be put in deportation proceedings prior to Oct 16.

If I were you, I'd either file a new I-485 on Oct 16, or send proof of your wife's citizenship in response to RFE on Oct 16th, if it's not too late.

[GreenCard_Mess]

I hope they will not!. Today there was an Update on my Case and here is what it says..
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Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on October 9, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
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If I file my I-485 on Oct 16th , Can I stay back in United States or do I need to leave the country.

Regards

[PraetorianXI]

you can stay in the country while your AOS is pending.

[asPapi]

That's a lucky break.

If your wife does become a citizen on October16, I would be looking to upgrade your petition quickly before the 30 days is up, if I were you.

Good Luck.

[GreenCard_Mess]

Yeah I know, it was pretty close.
Does any one know how much time its going to take to get EAD.

[dascheung@aol.c]

They said is 90 days. But may be more. Shouldn't more than 4 months.