Spousal petition for US citizen filed, to leave job

S

smajumde

New Member
Hi,
My husband, U.S. citizen filed I-130 accompanied by I-485, EAD, AP at San Frnacisco mid Feb. To date we have not heard from them. I was working in a different city, and my employment based GC was going on. I have my EAD from the emp. based. I resigned from job after spousal application was filed to go live with my husband. Now I have not received the new EAD, AP yet, and have received RFE from emp. based I-485. What should I do? My lawyer said I am in status as soon as the spousal application is filed.
Thanks
 
since your husband is USC, you are ok even you are out of status. but it might be a problem for your AP (advanced Parole) since it requires that your status is legal when filing AP. However, my understanding is that filing I-485 is one thing, getting accepted is another. put into safe side, you should quit job after you get something from local DO. on the other side, another lawyer told me that AP is valid as long as you are in status or out of status less than 180 days. please tell us what is your lawyer's opinon.
 
I was working with employer when application was filed. My EAD is still valid. We had waited awhile, because he was perm. res., no visa number available, and living in separate places.
 
Yes, you should be in status. And it is good idea to move-in with your husband while relative petition is pending, makes is much easier to prove your bona fide intentions in marrying.
 
Hi,
I was still working when RFE came in, but lawyer refusing to send reply saying employment based case is incompatible with family based case, unless I plan to stay at employment "permanently". However, what if I dont get the EAD etc. from family based case by the time, RFE deadline expires? What is the correct procedure?
Rather confusing.
 
It is not that employment based petition is "incompatible" with family based petition, they can be both pursued if the basis exists. BUT you have lost your basis for employment petition when you quit your job. So, your lawyer is right in refusing to answer "employment RFE".
 
Hi Elizabeth,

thanks for your response, what is the procedure now, other than filing the appropriate forms at the appropriate DO (which we have already done), what can we do? RFE issue happened before I resigned. We did wish to be together, so opted for the marriage based one.
Regards
 
If you don't answer RFE in time your employment based application will be deemed to be abandoned. Basically, you don't have to do anything at this point.
 
Dear smajumde,

I am very interested in the development of your case. Since I will be in a very similar situation as you are now.

My husband will be sworn in soon. And, I plan to file I-130, I-485, AP and EAD after that. Currently, I also have an I-485 and EAD pending with my employer (AP received). I plan to quit my job right after the filing at San Franciso INS office.

So, with your experience, it seems that there's no comflict filing two I-485, EAD and AP. Do you walk-in the INS SFO to file? Do you receive any receipt from INS filing? I am wondering if I need that as a proof to be in status after quitting the job.
 
copying certificate a felony (?)

I saw your post earlier about copying the naturalization certificate for the purposes of applying for another INS benefit. I was informed that it is illegal (a felony even, the person stated to me!) to photocopy that particular certificate.

That is probably the reason why you have to submit the original with citizenship related applications (such as petitions with INS, or passports etc.).

Good luck!
 
Elizabeth, please help

I am in the same situation as smajumde, I have not yet left my job, but after I file my papers at chicago local office, on Apr 9, I want to quit my job, will that put me in a out of status situation? Any idea how long chicago office will need to send me a receipt notice? All help is appreciated. How long should I wait before I quit? Thanks a lot in advance.
 
Thanks Aloha. I thought I read it in I-130 application, one can submit the copy of passport or certificate of naturalization as evidence of support. I will double-check before doing anything. Thanks again for your reminder.
 
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