When will i legally be able to work in the US after marriage?

[carolineclair 0]

This is a bit of a premature question as we are not yet engaged but i want to be prepared for the hurdles that will face us.

I think i have my head almost around the K1 visa situation, but after we are married in the USA do i (a british citizen) have to stay there for a certain length of time or until some other paperwork is done? I just want to know in case I need to get home for family issues.

Once we are married i see that I apply for the AOS, I just want to confirm- is it possible to work during the period of time while i am waiting for my greencard and if not how long roughly can i expect to have to wait until my greencard come through? I want to be prepared financially!!

If i havent phrased this correctly Im sorry but hopefully you get the idea?!

Thank you very much

[drawbridgep 8]

If you leave America while waiting for the greencard, you will be treated as if you have abandoned the process and you'll have to start again.

Ok, now I've shocked you, here's what most people do. You can apply for advanced parole which allows you to travel during the year following you application. Its really just a letter fromthe USCIS that says you're awaiting to become a permanent resident. (Mine took 84 days to get, so apply as soon as you can) The immigration guards didn't batter an eyelid when I showed them my passport and letter. Easy really. Do a search for advanced parole.

Once married you can't work without a greencard or a work authorisation card. The latter of which doesn't take long to get (mine took 68 days). So get that first and when you get your greencard you no longer need work authorisation (which expires after a year anyway)

Once the greencard expires (2 years) you have to file to have conditions removed (ie you're still married) so it's kind of a limbo time. They send a permit to travel which is like the advanced parole, so you can leave and return to America and you can continue to work even though your greencard has expired. But you have to have filed for removal of conditions withni the correct time frame.

It's really not as hard as I thought it was going to be. Just take it step by step.

Edited January 5, 2008 by drawbridgep

[AUBGER 0]

Yup...this is exactly how it works.

EAD (Employment Authorization Document...authorization thingie) can take up to 11 weeks from the moment of filing for AOS. Right now the average is 65 days but the timelines always change.

[Dan J 277]

This is a bit of a premature question as we are not yet engaged but i want to be prepared for the hurdles that will face us.

I think i have my head almost around the K1 visa situation, but after we are married in the USA do i (a british citizen) have to stay there for a certain length of time or until some other paperwork is done? I just want to know in case I need to get home for family issues.

Once we are married i see that I apply for the AOS, I just want to confirm- is it possible to work during the period of time while i am waiting for my greencard and if not how long roughly can i expect to have to wait until my greencard come through? I want to be prepared financially!!

If i havent phrased this correctly Im sorry but hopefully you get the idea?!

Thank you very much

If working is important upon entry, you may want to consider the CR-1/IR-1 path. It would mean you would have to get married first, but you will get a green card upon entry on the CR-1/IR-1 visa. No need to apply for AOS.

[carolineclair 0]

If you leave America while waiting for the greencard, you will be treated as if you have abandoned the process and you'll have to start again.

Ok, now I've shocked you, here's what most people do. You can apply for advanced parole which allows you to travel during the year following you application. Its really just a letter fromthe USCIS that says you're awaiting to become a permanent resident. (Mine took 84 days to get, so apply as soon as you can) The immigration guards didn't batter an eyelid when I showed them my passport and letter. Easy really. Do a search for advanced parole.

Once married you can't work without a greencard or a work authorisation card. The latter of which doesn't take long to get (mine took 68 days). So get that first and when you get your greencard you no longer need work authorisation (which expires after a year anyway)

Once the greencard expires (2 years) you have to file to have conditions removed (ie you're still married) so it's kind of a limbo time. They send a permit to travel which is like the advanced parole, so you can leave and return to America and you can continue to work even though your greencard has expired. But you have to have filed for removal of conditions withni the correct time frame.

It's really not as hard as I thought it was going to be. Just take it step by step.

So my plan of hoping to get married in the USA with just our parents and then come back perhaps to england the next month to have a big wedding blessing for friends and family is not really plausable. Apart from having the wedding blessing for family and friends prior to the actual ceremony in the USA how long do you think i should be thinking between to plan ahead to the English part?

[CB82 0]

So my plan of hoping to get married in the USA with just our parents and then come back perhaps to england the next month to have a big wedding blessing for friends and family is not really plausable. Apart from having the wedding blessing for family and friends prior to the actual ceremony in the USA how long do you think i should be thinking between to plan ahead to the English part?

I personally would wait til you receive the AP before planning anything in England. You don't want the stress of worrying if you'll be able to leave in time for the blessing incase anything gets delayed. Some people get their AP really fast and some people's goes outside of the processing times.

But I wouldn't worry too much about that just yet since you're not engaged and haven't started the K1 process yet. Who knows how the processing times and procedures might change in the future. They increased the fees at the end of July and subsequently ALOT more people applied and processing times are alot longer than before. If they increase fees again in the future (which i'm sure they will) who knows how that might affect your prcessing times when you file for AOS and AP.

Edited January 5, 2008 by CB82

[ShellyFco 0]

It also varies depending on the Service Center. We entered as a K-1, married within two weeks. We filed for AOS on October 8th and had greencard in hand by 12/1/07. We actually had the AOS approval on 11/21/07 before we received the EAD (which was pretty much useless at that point).

[rebeccajo 14]

It also varies depending on the Service Center. We entered as a K-1, married within two weeks. We filed for AOS on October 8th and had greencard in hand by 12/1/07. We actually had the AOS approval on 11/21/07 before we received the EAD (which was pretty much useless at that point).

But....that's a best case scenario. Kind of like those diet ads where someone loses 100 pounds, but right under their picture is the disclaimer "results not typical".

My husband had his first EAD less than 90 days after filing. But his greencard didn't arrive for 17 months.

For all practical purposes, a K1 should allow for some 'down time' from work. If you marry right away and file for adjustment right away, you can shorten your timeframe. The law requires USCIS to have your EAD to you within 90 days - if they don't you are within your rights to inquire about the document and they are required to check up on it. And, depending on the economic conditions in your area of the US and your own 'attractiveness' in the job market, it may take you some time to find work after you have the document. It took my husband about four months to find a decent job after he received his EAD.

[ShellyFco 0]

It also varies depending on the Service Center. We entered as a K-1, married within two weeks. We filed for AOS on October 8th and had greencard in hand by 12/1/07. We actually had the AOS approval on 11/21/07 before we received the EAD (which was pretty much useless at that point).

But....that's a best case scenario. Kind of like those diet ads where someone loses 100 pounds, but right under their picture is the disclaimer "results not typical".

My husband had his first EAD less than 90 days after filing. But his greencard didn't arrive for 17 months.

For all practical purposes, a K1 should allow for some 'down time' from work. If you marry right away and file for adjustment right away, you can shorten your timeframe. The law requires USCIS to have your EAD to you within 90 days - if they don't you are within your rights to inquire about the document and they are required to check up on it. And, depending on the economic conditions in your area of the US and your own 'attractiveness' in the job market, it may take you some time to find work after you have the document. It took my husband about four months to find a decent job after he received his EAD.

I agree with you on the "best case scenario"....after this whole process, I'm glad for once in our lives, one portion of our immigration process was swift!