Wifes 485 + EAD denied... Help!!

jaredkay

New Member
Ok, heres the issue...

My wife and I have been married for over 2 years. We have not filed any forms thru our marriage because she had a pending I-485 thru her parents before we married. She is from Mexico, and moved to the US when she was 13.

Anyway, we decided to wait and see what happened with her past application, before applying under my name (thru marriage)...

Well today, we recieve a letter in the mail stating that:
"Application for Employment Authorization filed on August 23, 07 pursuant to Title 8, be denied for the following reason: The facts presented in your case reveal that your application for perminant residence, Form I-485, has been denied and is no longer pending. Therefore, you are ineligible to apply for employment authorization under title 8"

So, now my question is: Should we now apply for I-485 thru my name (marriage), and if so, can we also re-apply for EAD immediately?

Also, will she still be able to work her current job, and what steps can we take to ensure she keeps her employment status... (will she get in trouble if she continues to work?)... I read something about a 180 day extention??

Anyway, Hope this all makes sense. We appreciate it.
 
Last edited by a moderator:
Help

Sorry to hear that buddy..
You can file her i-485 when your priority date is current.

My suggestion is file MTR immediately. Sometime miracles do happen.
 
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