Please help with CR1 when already in US

[Jenya 0]

Hello, all Can someone please help me with this fairly straightforward situation. It's for a friend of mine (which doesn't really matter). So he is a US Citizen. She is here in US on a work visa which expires soon. They want to get married and file for CR1 (I-130). The questions:

1. Will she be able to stay here legally while CR1 is being processed?

2. Will she be able to work (can she get a work permit)?

And as a sort of optional/bonus question...

3. How does she obtain the legality status and work permit? If you can just point me to the right applications/form, that's be great!

Thanks in advance!

[YuAndDan 153]

1, YES

2, YES with EAD filed with the AOS package.

3, http://www.visajourney.com/forums/index.ph...page=i130guide2

[pushbrk 12,883]

Hello, all Can someone please help me with this fairly straightforward situation. It's for a friend of mine (which doesn't really matter). So he is a US Citizen. She is here in US on a work visa which expires soon. They want to get married and file for CR1 (I-130). The questions:

1. Will she be able to stay here legally while CR1 is being processed?

2. Will she be able to work (can she get a work permit)?

And as a sort of optional/bonus question...

3. How does she obtain the legality status and work permit? If you can just point me to the right applications/form, that's be great!

Thanks in advance!

Assuming she did not enter the US with the intention of marriage, she doesn't need a new visa. She's here and she can stay. Follow this guide. http://www.visajourney.com/forums/index.ph...page=i130guide2

If she came here intending to marry instead of making the decision after arrival, (doubtful if she came on a work visa) then she will need either a CR1 or K3 visa after they are married in the USA. She must return home and wait out the process.

Back to the more likely. They can file I-130, I-485 and EAD all at the same time. As soon as the EAD is approved, she can work. If her job continues, then she may technically be out of legal work status but many employers will either not notice or accept that she has applied for EAD and allow her to continue to work. The risk is on them, in my opinion.

If she leaves the US and a visa is required for return, this could become problematic. What is her country?

[simple_male 1]

Hello, all Can someone please help me with this fairly straightforward situation. It's for a friend of mine (which doesn't really matter). So he is a US Citizen. She is here in US on a work visa which expires soon. They want to get married and file for CR1 (I-130). The questions:

1. Will she be able to stay here legally while CR1 is being processed?

2. Will she be able to work (can she get a work permit)?

And as a sort of optional/bonus question...

3. How does she obtain the legality status and work permit? If you can just point me to the right applications/form, that's be great!

Thanks in advance!

Assuming she did not enter the US with the intention of marriage, she doesn't need a new visa. She's here and she can stay. Follow this guide. http://www.visajourney.com/forums/index.ph...page=i130guide2

If she came here intending to marry instead of making the decision after arrival, (doubtful if she came on a work visa) then she will need either a CR1 or K3 visa after they are married in the USA. She must return home and wait out the process.

Back to the more likely. They can file I-130, I-485 and EAD all at the same time. As soon as the EAD is approved, she can work. If her job continues, then she may technically be out of legal work status but many employers will either not notice or accept that she has applied for EAD and allow her to continue to work. The risk is on them, in my opinion.

If she leaves the US and a visa is required for return, this could become problematic. What is her country?

Yes, I agree with you.

Edited May 7, 2007 by simple_male

[Jenya 0]

pushbrk and YuAndDan, thanks for the help! This is sufficient. She came here to work, so she will not have to leave the country. I guess they will file I-130, AOD and EAD together and that will be it. Thanks again!

[Yodrak 7]

Jenya,

This is a meaningless statement. File for CR1 what?

Filing an I-130 petition does not necessarily result in someone being classified as a CR1 LPR. I filed an I-130 petition for my wife, her classification is CR6. I filed an I-130 for my stepson, his classification is CR7.

Now, by what means does your friend want to obtain LPR status for his future wife? Except for the fiancee visa they all begin with the filing of an I-130 petition.

Yodrak

..... They want to get married and file for CR1 (I-130). .....

[Jenya 0]

Jenya,

This is a meaningless statement. File for CR1 what?

Filing an I-130 petition does not necessarily result in someone being classified as a CR1 LPR. I filed an I-130 petition for my wife, her classification is CR6. I filed an I-130 for my stepson, his classification is CR7.

Now, by what means does your friend want to obtain LPR status for his future wife? Except for the fiancee visa they all begin with the filing of an I-130 petition.

Yodrak

..... They want to get married and file for CR1 (I-130). .....

I confused the terms. But I read those guides now. He will file I-130 and apply for the green card. She's in the states, so they will file everything (AOS and EAD) together.

[Yodrak 7]

Jenya,

In which case, if successful she will be CR6.

Yodrak

I confused the terms. But I read those guides now. He will file I-130 and apply for the green card. She's in the states, so they will file everything (AOS and EAD) together.

[Jenya 0]

Jenya,

In which case, if successful she will be CR6.

Yodrak

I confused the terms. But I read those guides now. He will file I-130 and apply for the green card. She's in the states, so they will file everything (AOS and EAD) together.

Got it. Thanks!