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Remarrying While VAWA Is Pending: Can You Continue Working on Your Existing C09 EAD?
If you remarried a U.S. citizen while your VAWA-based I-360 and I-485 were still pending, what exactly happened to your existing work authorization? Did you continue working while your new marriage-based I-130, I-485, and I-765 applications were pending? My understanding is that remarriage does automatically dismiss a pending VAWA case; also the applicant must formally withdraw it. However, if you withdrew your VAWA petition, did your existing C09 work authorization remain valid temporarily because USCIS had not yet processed the withdrawal or closed the VAWA-based I-485? More specifically, were you legally permitted to continue working with the existing, unexpired C09 EAD until USCIS formally terminated the underlying VAWA-based I-485 or approved the new marriage-based EAD? The new application would be based on marriage to a U.S. citizen. I have consulted several attorneys, but I have not been able to get a clear and consistent answer. I would especially appreciate hearing from anyone who personally went through this situation.
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