Can my husband work in the US before getting a green card?

[SomberCat 0]

Hello everyone. I've been reading this website for a few months, but this is my first post. You are all so friendly and helpful and I've learned so much from your stories and questions. Here is my situation.

My boyfriend and I will be getting married in January. He is a Canadian citizen and I am an American citizen. After we are married, we will begin the filing process for him to move here. From everything I've read, it's safe to assume we're looking at approximately ten months (assuming all goes well) for the approval process to run it's course and he can permanently move here. Obviously like everyone else on this site, we would really like to live together before that.

Currently, we work for the same company. However, at this time, there is no chance of him getting a job in our office, so he will be leaving the company. Our question is this - knowing that a Canadian can be in the US with just a passport for up to six months, is it possible for him to file an EAD and get a job here while the immigration process is going on? Obviously he couldn't move his possessions here, but I own my own home and he doesn't need anything. He would keep his mailing address in Canada until he permanently moves. After he is an approved immigrant, he would then "technically" move in.

I'm not sure how well I described my question. Basically, we're trying to cut a few months off of the 10 month waiting time. We would like for him to be able to spend months here at a time, but if he cannot work at all, we are forced for him to remain in Canada. I couldn't find much on this topic anywhere on the Internet, so I really appreciate any advice anyone might have.

[Cassie 8]

Since you are going to be filing for a spousal visa, either K-3 or CR-1, your husband to be will not be able to come down to the US for months at a time to work while waiting for his visa to be approved, sorry.

The EAD for you will come into play only if you apply for the K-3. if you decide to file for the K-3, once your husband gets here, he will have to apply to adjust his status to receive the green card, and apply for EAD and AP.

If you decide to get the CR-1 visa, once he enters the US, he will not have to go through the AOS/EAD/AP process, he will get his green card shipped to him a number of weeks after entering the US, and he will be free to work.

You will need to decide which visa will be better for your situation, and then go from there. Ten months is a fairly reasonable timeline to expect, but as you know this process is fluid and can take more or less time.

[payxibka 10,045]

Lack of work authorization will prevent him from working, period. As previously explained, there are significant differences between work authorization opportunities with the two spousal visa types. Read and understand carefully and make the best choice for your situation.

[SomberCat 0]

Hi payxibka,

Thanks for your response. I understand that there are significant differences in the work authorization options depending on the spousal visa type. What I am asking is if he can get authorization and work here before the spousal visa is approved. From what Cassie said, the answer is no. Thanks a bunch!

[payxibka 10,045]

Hi payxibka,

Thanks for your response. I understand that there are significant differences in the work authorization options depending on the spousal visa type. What I am asking is if he can get authorization and work here before the spousal visa is approved. From what Cassie said, the answer is no. Thanks a bunch!

The working before spousal visa is "painfully" crystal clear, and is as you know understand it to be....