Newbie here needs help- vistor visa to Green card help

[SCC2018 1]

Hi guys, I’m a us citizen. I recently married my wife (visitors visa). she is now living here in the USA with me. We haven’t filed anything yet, she wants to start working ASAP so my question is what is the first necessary doc I need to file for her to leagally working here in the US? 

[aleful 1,905]

Hi,

 

file for adjustment of status. unfortunately there is nothing neither of you can do, since the EAD work permit is taking 4 to 5 months, and she can't work or get a social security number for now.

[D.Ba 85]

And just to add - even if she has a social security number, that does NOT mean she can work.

 

When I came on K-1, I had a social security number from way back, but obviously I was not allowed to work before I got EAD.

[SCC2018 1]

Thank you the replies, 

So is applying EAD is the first step? Which form should I file? I really confused about the forms/filing orders

[geowrian 22,338]

I-130 + I-485. ETA: 4-12+ months (8-12 common)

I-131 (AP) to travel abroad. ETA: ~4 months. Optional.

I-765 (EAD) to work. ETA: ~4 months. Optional.

 

Guide: http://www.visajourney.com/content/i130guide1

[D.Ba 85]

Go to the source, which is USCIS:

https://www.uscis.gov/greencard/immediate-relative-us-citizen

[D.Ba 85]

You did marry her in the US, right? Otherwise, it is a different process.

[geowrian 22,338]

1 minute ago, D.Ba said:

You did marry her in the US, right? Otherwise, it is a different process.

No it's not. Where the marriage occurred doesn't matter. She just needs to be within the US when filed.

[Ontarkie 14,557]

~~Moved to AOS from Work, Student, and Tourist Visas, from General Immigration - As the OP and his wife are starting the AOS process.~~

[SCC2018 1]

Thanks guys for the helpful info. This really helps me a lot. Was debating on hiring a lawyer but they all wanted at least $4 grand for filing.. I even looked at some online consultant ($500+). Its just seems like a really complicated process, wasn’t sure if I can do it by myself and I just wanted to have it done right.

 

My another concern is that her visa expired a couple months ago. Is that an issue for her to stay here in the states? ( we did register the marriage license before her visa expires and it was officially recorded last week).

 

Yes, we got married in the states. 

 

What is AOS?

[usmsbow 802]

4 hours ago, SCC2018 said:

Thanks guys for the helpful info. This really helps me a lot. Was debating on hiring a lawyer but they all wanted at least $4 grand for filing.. I even looked at some online consultant ($500+). Its just seems like a really complicated process, wasn’t sure if I can do it by myself and I just wanted to have it done right.

 

My another concern is that her visa expired a couple months ago. Is that an issue for her to stay here in the states? ( we did register the marriage license before her visa expires and it was officially recorded last week).

 

Yes, we got married in the states. 

 

What is AOS?

 

AOS=Adjustment of Status, which is basically applying for the green card.

 

Overstaying a visa is forgiven in circumstances such as yours (filing for AOS through a US citizen family member), so it shouldn't be an issue for her to stay here. 

 

 

[caliliving 606]

Overstay is forgiven when married to a usc...so make sure she does not leave the country but yes it's fine!!! Many people wait years to file and it's a non issue:)

 

You have a straight forward case u don't need a lawyer just fill out the paperwork correctly. 

 

Do not leave until she has her AP or green card in hand:) 

 

[Illiria 980]

Whilst overstay is forgiven for spouses of US citizens once you have filed, until you file for aos she is out of status and l is deportable. So I recommend that you file as soon as possible. 

Edited January 12, 2018 by Illiria

[OldBritAbroad 15]

Yes the process and forms are confusing at first, but use the guides on here and on the USCIS site and you’ll be fine. Be prepared for a lot of copying and getting certified copies of everything! I used a lawyer - cost me $2500 as a flat fee - as there was one issue (around income) that wasn’t straightforward and I didn’t want the hassle of trying to deal with it. I could have done it myself, to be honest.

 

As mentioned above the EAD Card is taking a while to produce - mine was 5 months and I got it 6 weeks before my AOS interview; you and your wife need to apply as soon as you can, not least of which is that once your applications have been received and acknowledged, your wife has legal status while the applications are being processed.

[Etamkoos 100]

I echo that you should read the guide and cross reference with the USCIS website.  There is another accompanying form that has not been mentioned above, but is very important and also listed in the guide -  I-864 Affidavit of Support.  You must meet 125% of the poverty guideline in order to sponsor your spouse.  If you do not meet the criteria then it would be wise to find a willing sponsor.