Can an Emigrating Spouse be eligible to work in the US before entering the US?

[VisaSponsor 0]

I just recently found this board and a lot of wonderful people and information.

Can an Emigrating Spouse be eligible to work in the US before entering the US? (apologies if this is a newbie question, details below)

Background:

• Wife is an EU citizen enrolled in studies Venezuela & will finish at the end of Sept 2011.

• Wife previously studied in the US so already has a SSN

• Wife can enter and exit the US via the Visa Waiver Program (VWP)

• Married approximately 1 year ago in the US.

• I (Husband) am a natural born US Citizen living & working in the US

Goal:

• Wife to enter the US at the end of Sept/early Oct & legally start (educational/academic) work

• Wife to enter/exit US in April w/o impacting the above goal

Current timeline:

• March: Husband/Sponsor files I-130/G-325A(2)/I-864/G-1145 soon

• April: Hopefully the I-130 isn't approved until May and April visit is via VWP (with plenty of documentation that she'll depart the country within a week).

• Hopefully the I-130 is approved in May/June/July/Aug/Sept (I read somewhere that she must enter the country within 6 months after the I-130 is approved).

• Sept: Once she enters the US Immediately file I-485/G-325A/Approval notice of I-130/I-693/I-765/I-131/I-864/G-1145

Need help:

a) With the I-485 & I-765 filed, can she be a paid employee?

b) If she can't be paid can she work for free? (I know this sounds unusual, but she'd rather do educational/academic work gratis than sit at home - which is one of the many reasons that I married her, but that's another story ;-) ).

c) Is there any way an I-485 & I-765 (or similar documents) can be submitted while she's studying outside of the US?

d) Are we approaching this the wrong way? As this is educational/academic work is there another route that can be taken?

Thank you for all your ideas & advice.

Edited March 12, 2011 by VisaSponsor

[nickbits 43]

With the I-130 you get a CR1 visa (since married for 1 year). She can work as soon as she enters the US and you don't need to file I485/whatever afterwards. She will get the greencard in the mail automatically.

[NigeriaorBust 4,087]

With the current processing time the I130 may not be approved by Sept. They are taking a bit longer than that. It is against the rules to use VWP with immigrant intent. In fact if they see the approved I130 they may deny entry or question her heavily about her intent. Anything she tells inspection can be used to deny the AOS and there is no appeal. She would then be forced to leave and do an interview overseas. The safest route is to do things by the book. No one wants to be apart but abusing the VWP to try to get together sooner can backfire.

[Penguin_ie 5,997]

As mentioned above, the CR-1 visa means she will be a LPR (legal permanent resident) as soon as she enters the USA, and thus be allowed to work. No need for adjustment of status.

The only issue with your plan is that getting the visa by Septmeber may be cutting it close, but it could happen.

[VisaSponsor 0]

With the I-130 you get a CR1 visa (since married for 1 year). She can work as soon as she enters the US and you don't need to file I485/whatever afterwards. She will get the greencard in the mail automatically.

As mentioned above, the CR-1 visa means she will be a LPR (legal permanent resident) as soon as she enters the USA, and thus be allowed to work. No need for adjustment of status.

Thank you for the quick replies & great news!!

[VisaSponsor 0]

It is against the rules to use VWP with immigrant intent. In fact if they see the approved I130 they may deny entry or question her heavily about her intent. Anything she tells inspection can be used to deny the AOS and there is no appeal. She would then be forced to leave and do an interview overseas. The safest route is to do things by the book. No one wants to be apart but abusing the VWP to try to get together sooner can backfire.

Agreed. The April VWP visit is just that, a visit, with documentation and intent to leave (flights, education to return to, etc). Sept (or later entry) will not happen until I-130 is approved.

With the current processing time the I130 may not be approved by Sept. They are taking a bit longer than that.

The only issue with your plan is that getting the visa by September may be cutting it close, but it could happen.

Hmmm, would you recommend an expedite request? Should I wait until the April VWP visit (entry & exit) to put in an expedite request? In the cover-letter with the I-130 submission should I include timeframe information and/or planned April VWP visit?

[Penguin_ie 5,997]

Bets thing to do is file asap, and read the Guides here and the shortcuts to make sure you have everything ready for the next step.

No point in filing for an expedite, you have no grounds for it. She should be able to visit on the VWP during the process, but should bring proof she will return (ie enrollment in university, lease etc).

[Amy and Nick 37]

Just want to clear up that she has 6 months (usually) to enter the US after her visa is approved at interview, not after the I-130 is approved.

There are 3 stages with a CR-1 petition

USCIS (I-130 approval)

NVC (AOS documents)

Visa Interview (this is where she will ultimately be approved or denied)

Good Luck! If you send in the initial packet, you MAY be very lucky and get it done by early October, but it is an 8-10month (and maybe longer) process, so send it in ASAP!

[VisaSponsor 0]

Just want to clear up that she has 6 months (usually) to enter the US after her visa is approved at interview, not after the I-130 is approved.

There are 3 stages with a CR-1 petition

USCIS (I-130 approval)

NVC (AOS documents)

Visa Interview (this is where she will ultimately be approved or denied)

Thank you for the clarification, I knew the interview came after I-130 approval, but though I read that the spouse could enter on I-130 approval and then the interview would be in the US (and both have to attend) versus being abroad (only beneficiary required to attend).

Based on your comments, and thinking through it, without the Visa number I guess it doesn't make sense that she can enter the US until after the interview :-(

I planned on sending in the I-864, Affidavit of Support with the I-130, so hopefully that helps speed things through NVC (speed being relative of course).

Edited March 12, 2011 by VisaSponsor

[pushbrk 13,260]

I planned on sending in the I-864, Affidavit of Support with the I-130, so hopefully that helps speed things through NVC (speed being relative of course).

It won't. You'll be sending a whole lot more than the affidavit of support at the NVC stage, whether you sent it with the petition or not. Sending things only NVC needs at petition filing time is a waste effort, accomplishing nothing. You'll do it again later anyway.