Legal Question in Immigration Law in North Carolina

EAD on a k3 visa

Hi.

I am married to a US citizen, due to extreme abuse I had to land up in a shelter. I am here on a K3 Visa. My husband did not file for my EAD. MY visa is still valid till April 2010. Can I file for my EAD on my own with a different address? I have been advised to file for I-360. Please advice.


Asked on 10/14/08, 11:42 am

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: EAD on a k3 visa

Has your husband filed anything for you at all? Based on your brief description, filing an application as a battered spouse is probably the best application for you to file right now as it will allow you to remain in the US and eventually receive permanent residence status. If you would like to discuss your eligibility and the process in more detail, please do not hesitate to contact me directly.

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Answered on 10/14/08, 11:51 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: EAD on a k3 visa

I think you might be in a situation where I can help you. Since he filed for your K-3 it means that he must have filed at least for your I-130 petition and if that was approved he may have even filed for your adjustment of status (although that may not be the case). My recommendation would be that we do file for your green card as a VAWA petitioner (Violence Against Women Act). We will need to show that the marriage was bona fide and entered into in good faith. I will walk you through what documentation would be required. Now a common issue that arises when a woman has left the house is that she does not have the paperwork with her. We can discuss your options if this is the case as well. These are complicated cases but can certainly be successful if things are prepared properly and the facts are in order. Feel free to give me a call and I can explain to you what is involved in the process.

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Answered on 10/14/08, 11:57 am


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