Consular processing/visa running out

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georgiagirl - 31 Jan 2005 15:00 GMT

My hubby is here on K3 which expires in May. He is doing consular
processing in Montreal and is waiting for an interview date. We have
filed the I-539 and got the first NOA on Friday. The NOA says 60-180
days to process.

If the extension is not approved before the visa runs out, what does he
do? He can't return to Canada and wait for the interview. We have no
home or ties to that country anymore. So can he stay here without his
visa being current?

From what I have read about other experiences, we should be cutting it
very close with the interview date. Hopefully he will get the interview
before the visa expires. But if not and then the I-539 extension is not
approved...then what?

Any advice, experiences, words of encouragement or wisdom??

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Folinskyinla - 31 Jan 2005 15:57 GMT

> My hubby is here on K3 which expires in May. He is doing consular
> processing in Montreal and is waiting for an interview date. We have
[quoted text clipped - 12 lines]
>
> Any advice, experiences, words of encouragement or wisdom??

Hi:

As long as its pending, he is considered to be present under "color of
law." And even if the extension should be denied for any reason, the
time it was pending [assuming it was timely filed] does not count for
"unlawful presence."

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Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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georgiagirl - 31 Jan 2005 16:25 GMT

> Hi:
>
> As long as its pending, he is considered to be present under "color of
> law." And even if the extension should be denied for any reason, the
> time it was pending [assuming it was timely filed] does not count for
> "unlawful presence."

Thanks for your timely response! So should he also be applying for
another EAD because his expires when the K3 does in May? Can he get an
extended EAD if the I-539 isn't approved?

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Immigration Forum / USA Marriage Base / January 2005

Consular processing/visa running out