J-1 marrying U.S. citizen

[arielambar 0]

So far I have completed all the necessary forms listed on this site in order for me to get a green card except for the I-765.

I am married to a U.S. citizen and am from Ireland. Do I need to fill out the Authorization of Employment (I-765) form in order to file concurrently (all the forms at once)?

This is the toughest form I've come across and it seems like I may not even need it.

Also, how long does it take to get a green card?

Please help!

Thanks!!!

[newacct 688]

It's not mandatory to apply for the EAD and AP, but they're free and there is no downside.

[aaron2020 11,651]

So far I have completed all the necessary forms listed on this site in order for me to get a green card except for the I-765.

I am married to a U.S. citizen and am from Ireland. Do I need to fill out the Authorization of Employment (I-765) form in order to file concurrently (all the forms at once)?

This is the toughest form I've come across and it seems like I may not even need it.

Also, how long does it take to get a green card?

Please help!

Thanks!!!

Hi,

You do not need to file it, but most people will want to for two reasons; be able to legally work and to re-enter the US after an international trip without abandoning the AOS.

EAD = allows you to legally work

AP = allows you to return after leaving the US and your AOS will not be deemed abandoned when you leave

You could get your EAD/AP in 90 days.

It could take 6-12 months for you to get a green card.

If you do not apply for the EAD/AP card, it could take a year or longer for you to get a green card. While waiting for your green card, you will not be able to legally work except for your J-1 job as long as the visa is valid, and you will not be allowed back to the US and your AOS is deemed abandoned if you leave the US.

Best of luck

Edited August 3, 2015 by aaron2020

[arielambar 0]

Can I stay in the country while my green card is being processed and can I work?

[aaron2020 11,651]

Can I stay in the country while my green card is being processed and can I work?

You can stay in the U.S. while waiting for your green card. If you leave without AP, then you will not be let back in without a spousal visa and your AOS will be abandoned.

Without EAD, you can only work your J-1 job as long as your J-1 visa is valid.

With EAD, you can work any job.

[arielambar 0]

As I said, I'm on the J-1 graduate visa, which is a 1-year work visa. What is my status then? I've graduated college already and I'm not under the "trainee" category. Is there an intern category or would I put student?

Edited August 4, 2015 by arielambar

[erik_23ph 12]

Are you subjected to the 2-Year Home Residency Requirement of your J1 Visa?

[arielambar 0]

No, I'm not subjected to the 2-Year Home Residency Requirement.

[erik_23ph 12]

That's great. So you can proceed with your adjustment of status.

Applying for EAD is totally up to you. Good thing about it is that you can apply for it, as well as for I-131 Advance Parole, concurrently with your I-485 for free.

EAD, when approved, will enable you to work in the US legally while waiting for your green card to be approved (Takes about 5-12 months). AP will allow you to travel abroad and come back in the US while waiting for your green card to be approved as well.

All the best to you!

No, I'm not subjected to the 2-Year Home Residency Requirement.

[erik_23ph 12]

Your status is the visa you have when you entered the US which is J1 (Exchange Visitor).

If the visa is already expired, then you should indicate your status as 'None'.

As I said, I'm on the J-1 graduate visa, which is a 1-year work visa. What is my status then? I've graduated college already and I'm not under the "trainee" category. Is there an intern category or would I put student?

[arielambar 0]

Wait, I should fill out the I-131 form in addition to the other forms? What does advanced parole do exactly?

[aaron2020 11,651]

Wait, I should fill out the I-131 form in addition to the other forms? What does advanced parole do exactly?

AP allows you to leave the US and come back while waiting for your green card.

If you leave without AP, your AOS will be considered abandoned, you will not be allowed back into the US, and you will have to pursue a spousal visa from abroad which will take 6-12 months.

[arielambar 0]

Oh okay. This is only if I want to leave. I won't be leaving before my green card is processed. So if I am NOT leaving the country before my green card is processed, I don't need to fill out this form, correct?

And then after I get my green card, I can freely travel?

Thank you so much for everything. You have been very helpful.

[newacct 688]

You never know if an urgent situation might come up. Getting it is useful in case you need it; it doesn't hurt if you don't need it.

[aaron2020 11,651]

Oh okay. This is only if I want to leave. I won't be leaving before my green card is processed. So if I am NOT leaving the country before my green card is processed, I don't need to fill out this form, correct?

And then after I get my green card, I can freely travel?

Thank you so much for everything. You have been very helpful.

Will you apply for the EAD so you can legally work?

The EAD/AP card is free with your AOS. It's better to have them and not need them, then to need them and not have them.

You may want to research people who didn't apply for the EAD/AP card and then have an emergency.

It's freakin' free. Not applying for the EAD/AP card may come back to bite you in the #######.

Edited August 4, 2015 by aaron2020