Here on Parents E-1 visa, married a citizen, need EAD

[PhilHarris 0]

Hello...I think I am in the right forum, and I think I have the answer, but this whole Visa thing is more confusing than I imagined.

My Son (A U.S. Citizen), married a young german lady (19yrs old) who is here on her parents E-1 visa. He is currently in basic training and I am trying to wade through the visa mess. We have two goals, short term goal is she wants to work, long term is to become a permanent resident and eventually a citizen.

I think she needs to fill out a 765 to get an EAD, but she does not seem to meet the criteria. Is the 765 the right form, or is she not allowed to work on her type of visa?? As far as the residency, it looks like all she needs is the 130 and 485...Right?

Any help would be appreciated, and if I need to move the second half of the question to another forum I will.

Thanks

Phil Harris

[payxibka 10,045]

Without an active I-485 application any I-765 for her will be denied as she has no basis for work authorization. In order to get basis she must apply to adjust her status to permanent residency based on her marriage to a USC (That is the I-485). The I-485 will be denied because you must first prove that she is an immediate relative of a USC (with an I-130).

So,

An I-130, I-485 and I-765 needs to be and can be all filed together concurrently.

Edited September 10, 2008 by fwaguy

[PhilHarris 0]

Thanks...It looks like the I-130 and I-485 is going to take quite a while (and cost a bit), is there anything she can do to legally work until they can afford to file everything??

[Lili 3]

Unfortunately no.

She can't legally work without the EAD in hand.

I recommend spending a couple of hours doing the paperwork everyday and re-read and double check everything. Then start over the next day till you are done.

Oh, and don't forget the I-864 and the medical exam done by a civil surgeon (for the medical, add about $200-500 depending on how many vaccination she will need).