Work authorization timeline

[Normolomue 0]

Hello,

I am just in the initial stages of gathering all the required paperwork together to file for an IR-1/CR-1 visa for my Brazilian wife. We have an appointment to meet with an immigration attorney next week. However, I was curious to know how long from starting the process until my wife could receive authorization to work.

Currently she has an ITIN number, but this is not sufficient for employment.

Could anyone advise me on the timeline and what to expect in regards to work authorization please?

Thanks so much!

Norm

[EM_Vandaveer 2,417]

Is your wife in the US currently? If so, you are not applying for a visa for her, but for AOS (Adjustment of Status).

[LionessDeon 2,060]

Most would say an immigration attorney is not needed if you have a straight forward case. May want to consider saving the money.

http://www.visajourney.com/content/compare

Refer to the Spousal IR1/CR1:

After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required.

[Normolomue 0]

Thank for your help, though I am just a little confused. I have rad through the guide but I am still unsure which visa we should file for.

My Wife has a valid tourist visa, however she has over stayed the 6 months stamped inside Her total time here is a little over a year.

Would this be K-3 or IR-1/CR-1?

[Penguin_ie 5,997]

]K3 is obsolete, forget it.

If she is still in the USA, having overstayed, then she can file for AOS (Adjustment of Status); this is NOT a visa, because visas are for entering countries; she would change her status from tourist visa overstay to greencard holder. The overstay will be forgiven based on her getting married to a US citizen, and no lawyer should be needed. She can work as soon as she gets EAD, which takes about 3 months.

If she left after her overstay, you file for a CR-1 spousal visa, which takes about a year, and she can work immediately upon her return to the USA. However, it sounds like she overstayed in the USA for more than 180 days, but less than a year, in which case she has a 3 year ban and you'd need to wait that out of file a waiver, adding time to your processing; in that case, a lawyer may be a good idea.

Edited July 20, 2016 by Penguin_ie

[EM_Vandaveer 2,417]

~ Moved from "IR-1 CR-1 Visas Process and Procedures" to "Adjustment of Status (Green Card) from Work, Student and Tourist Visas" as OP's wife is in the US following entry on a tourist visa ~

Organizer hat off:

You are NOT applying for a visa. You are applying for Adjustment of Status (Green Card) for your wife.

Follow this guide:

http://www.visajourney.com/content/i130guide2

Your wife should receive an EAD within 90 days of filing for AOS/EAD.

^^^^

My understanding is that your wife is in the US right now. Please clarify if this is indeed the case.

Edited July 20, 2016 by EM_Vandaveer

[Normolomue 0]

Thank you so VERY much everyone! Yes, She is in fact in the US on an overstayed tourist visa.

Does this sound like a pretty straight forward case that we can and should file ourselves without needing an attorney?

Its not like we have a ton of disposable income anyways.

[EM_Vandaveer 2,417]

Thank you so VERY much everyone! Yes, She is in fact in the US on an overstayed tourist visa.

Does this sound like a pretty straight forward case that we can and should file ourselves without needing an attorney?

Its not like we have a ton of disposable income anyways.

Yes. Pretty straight forward for sure. If you follow the guides & are fairly good in understanding and following instructions, you don't really need a lawyer.

[dwheels76 5,475]

Thank you so VERY much everyone! Yes, She is in fact in the US on an overstayed tourist visa.

Does this sound like a pretty straight forward case that we can and should file ourselves without needing an attorney?

Its not like we have a ton of disposable income anyways.

Whatever you do do not allow your wife to leave the US or the 3 year ban will be in effect. You will be filing as stated for Adjustment of Status.