Working/Spousal Visa

[lostunderwaves 0]

My husband (British citizen) and I (American) are planning on filing for his spousal visa next week. My question is, is it possible for him to apply for a work permit simultaneously so that he can work while waiting on (eventually) his green card? If not, would he be able to apply for one after being granted the spousal visa? We're both still trying our best to figure all this out, and it would be really helpful for us if he could work, although I'm not sure it's possible. Any help would be very appreciated!!

Additional info:

-He's currently on a visa waiver from Dec. 19, expires on Mar. 19

-We got married last Sunday

-We already have a sponsor and all the paperwork ready, just waiting on a certified copy of our -marriage certificate

Also, a separate question: are there any unacceptable ways of having met for the form? I assume anything that would indicate a pre-arranged marriage would be null (which is certainly not our case), but we met online and want to make sure that it's all kosher (we met plenty in advance of getting engaged and married-- we're just concerned that this may be a problem since meeting spouses online is still a relatively new concept). Thanks!!

[raymaga 25]

Meeting online will not be a problem for you at all. A very large proportion of people here (including myself) on VJ met online. The day of my K-1 interview, all 5 people there for their interviews had met their partners online.

[scy 0]

My husband (British citizen) and I (American) are planning on filing for his spousal visa next week. My question is, is it possible for him to apply for a work permit simultaneously so that he can work while waiting on (eventually) his green card? If not, would he be able to apply for one after being granted the spousal visa? We're both still trying our best to figure all this out, and it would be really helpful for us if he could work, although I'm not sure it's possible. Any help would be very appreciated!!

Additional info:

-He's currently on a visa waiver from Dec. 19, expires on Mar. 19

-We got married last Sunday

-We already have a sponsor and all the paperwork ready, just waiting on a certified copy of our -marriage certificate

Also, a separate question: are there any unacceptable ways of having met for the form? I assume anything that would indicate a pre-arranged marriage would be null (which is certainly not our case), but we met online and want to make sure that it's all kosher (we met plenty in advance of getting engaged and married-- we're just concerned that this may be a problem since meeting spouses online is still a relatively new concept). Thanks!!

These questions are hard to answer if we don't know exactly what you want to file for. Do you want to file for a K-3 or CR-1? Those are spousal visas and that means your husband returns to his country and wait for the visas to be approved before he comes back.

Or do you want your husband to stay with you? If so then this is the wrong forum. You are looking for adjustment of status.

[joej 0]

My husband (British citizen) and I (American) are planning on filing for his spousal visa next week. My question is, is it possible for him to apply for a work permit simultaneously so that he can work while waiting on (eventually) his green card? If not, would he be able to apply for one after being granted the spousal visa? We're both still trying our best to figure all this out, and it would be really helpful for us if he could work, although I'm not sure it's possible. Any help would be very appreciated!!

Additional info:

-He's currently on a visa waiver from Dec. 19, expires on Mar. 19

-We got married last Sunday

-We already have a sponsor and all the paperwork ready, just waiting on a certified copy of our -marriage certificate

Also, a separate question: are there any unacceptable ways of having met for the form? I assume anything that would indicate a pre-arranged marriage would be null (which is certainly not our case), but we met online and want to make sure that it's all kosher (we met plenty in advance of getting engaged and married-- we're just concerned that this may be a problem since meeting spouses online is still a relatively new concept). Thanks!!

By "Spousal Visa" I assume you mean Cr1, however K3 also applies. In our case the Cr1 (I130 form) came quicker and my husband recieved his GC and social security card within 3 weeks of entering the US.

However if you go the K visa route I guess you will half to do AOS before he will be able to work. Oh sorry I just noticed he is here on VWP so I don't really know how it works from there. Maybe it is the same though.

[lostunderwaves 0]

We're both kind of confused now: we want to stay in the US (both of us) while awaiting his papers to go through. Does that mean we want the K3 or the CR1 or something else? We have to send something off soon so he doesn't run the risk of being deported, and now we've kind of been thrown through a loop.

So, in order for him to be able to legally stay in the country, what should we be applying for? Also, in what we send out first, what should be included?

[scy 0]

We're both kind of confused now: we want to stay in the US (both of us) while awaiting his papers to go through. Does that mean we want the K3 or the CR1 or something else? We have to send something off soon so he doesn't run the risk of being deported, and now we've kind of been thrown through a loop.

So, in order for him to be able to legally stay in the country, what should we be applying for? Also, in what we send out first, what should be included?

There should not be any confusion. Make a choice. Does your husband want to return to his country while he awaits a spousal visa? Or does he want to stay permanently in the US and become a legal permanent resident. Once that choice is made then you need to find out what to file. This forum is for K-3 spousal visas so it only applies to the first choice.

If your husband wants to stay permanently then he needs to file for adjustment of status not a K-3 or CR-1 spousal visa.

For adjustment of status information see the adjustment of status forum on this site. For more information see the USCIS page on adjustment of status too.

http://uscis.gov/graphics/howdoi/legpermres.htm

Basically you file form I-485, I-130, I-693 and I-864 concurrently. If you want to work while awaiting adjustment of status then you also file I-765. And if you want to be able to leave and come back to the US while awaiting adjustment of status then you file form I-131 with all the above forms.

As soon as you file form I-485, your husband's status remains legal until form I-485 is denied.

[lostunderwaves 0]

There should not be any confusion. Make a choice. Does your husband want to return to his country while he awaits a spousal visa? Or does he want to stay permanently in the US and become a legal permanent resident. Once that choice is made then you need to find out what to file. This forum is for K-3 spousal visas so it only applies to the first choice.

If your husband wants to stay permanently then he needs to file for adjustment of status not a K-3 or CR-1 spousal visa.

For adjustment of status information see the adjustment of status forum on this site. For more information see the USCIS page on adjustment of status too.

http://uscis.gov/graphics/howdoi/legpermres.htm

Basically you file form I-485, I-130, I-693 and I-864 concurrently. If you want to work while awaiting adjustment of status then you also file I-765. And if you want to be able to leave and come back to the US while awaiting adjustment of status then you file form I-131 with all the above forms.

As soon as you file form I-485, your husband's status remains legal until form I-485 is denied.

So if we only filed the I-130 and G-325A's now, he would have to go back to England? I thought that as long as the applicant had the "paperwork pending" status, they were allowed to stay in that country (in this case, the US). Sorry for asking so many questions-- we're just trying to figure this all out so we get it right the first time.

[scy 0]

There should not be any confusion. Make a choice. Does your husband want to return to his country while he awaits a spousal visa? Or does he want to stay permanently in the US and become a legal permanent resident. Once that choice is made then you need to find out what to file. This forum is for K-3 spousal visas so it only applies to the first choice.

If your husband wants to stay permanently then he needs to file for adjustment of status not a K-3 or CR-1 spousal visa.

For adjustment of status information see the adjustment of status forum on this site. For more information see the USCIS page on adjustment of status too.

http://uscis.gov/graphics/howdoi/legpermres.htm

Basically you file form I-485, I-130, I-693 and I-864 concurrently. If you want to work while awaiting adjustment of status then you also file I-765. And if you want to be able to leave and come back to the US while awaiting adjustment of status then you file form I-131 with all the above forms.

As soon as you file form I-485, your husband's status remains legal until form I-485 is denied.

So if we only filed the I-130 and G-325A's now, he would have to go back to England? I thought that as long as the applicant had the "paperwork pending" status, they were allowed to stay in that country (in this case, the US). Sorry for asking so many questions-- we're just trying to figure this all out so we get it right the first time.

Yeap. When his VWP status expires, he will be here illegally if he only has an I-130 filed for him. You need the I-485 filed before he can remain legally in the US. There are lots of petitions that you can file for an alien. Having any "paperwork pending" doesn't automatically confer legal status. You have to have the right paperwork pending. In your husband's case, he needs to file for adjustment of status based on his marriage to you before his VWP expires if he is to remain legally in the US.

BTW, filing an I-130 is a requirement for your husband's adjustment, so you should file that alon with the I-485.

I'm not a lawyer, so you should seek legal advice.