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i508 Required for E3 Visa holder?

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  • i508 Required for E3 Visa holder?

    Hi,

    I am an E3 visa holder in the US, and recently married a US citizen. I am now applying for a greencard. My current E3 visa does not expire until 2017.

    Do I need to submit an i508 with my i485? I am applying for a greencard based on the marriage, and I can only find examples of E3 visaholders trying to adjust status through employment filing an i-508.

  • #2
    That form is a 'Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities'. Why do you figure you need to file it?

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    • #3
      Originally posted by Bellthorpe View Post
      That form is a 'Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities'. Why do you figure you need to file it?
      In i485 Instructions Under Section 9 of Who is Not Eligible to adjust status?

      You have A, E, or G nonimmigrant status or have an occupation that would allow you to have this status, unless you complete Form I-508 to waive diplomatic rights, privileges, and immunities.

      I can only find examples online of people transitioning from E3 to Greencard not through marriage, where they submitted an i508. My concerns are;
      1) Is form required for my situation at all.
      2) If I complete the form, would there be an interim period where my E3 is invalid, but I have not received work authorization as yet? (ie, would I need to then quit my job, until receiving the work authorization).

      I am on my 5th E3 visa, so have been working for the same company for a while (mostly in the US, but also internationally).

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      • #4
        I-508 is for: "Non-U.S citizens working for a foreign government mission or international organization". Are you one of those? If not, the form does not apply to you.

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