U.S. Citizen Marrying Irish Citizen in U.S.- How Do We Go About Legalizing Him to Work here?

[Amanda_Loving 1]

I am in the process of getting married to an Irish citizen here in the U.S. but have found conflicting readings on the process to go through in order to allow him to work here. What is the step-by-step that we need to ensure that he is legally able to work after we are married?? I thought it was just: get married, apply for Adjustment of Status, apply for a social security number for him. But now, I am seeing that he needs an EAD before the green card. I am really confused. We want to be legal, but everything is so confusing to us. Thank you to anyone who can assist. 

[JeanneAdil 6,855]

time to get the SS # is limited so apply ASAP

 

Yes, an EAD (Employment Authorization Document) is often needed while your Adjustment of Status (AOS) application (I-485) is pending. You can apply for an EAD concurrently with your I-485 application, especially if you want to work while waiting for your green card. 

 

guides here to help 

 

 

Edited Monday at 02:45 PM by JeanneAdil

[Edward and Jaycel 1,260]

So I am assuming that once married you guys will file to adjust his status to LPR from here in the states? If that is the case, you will file the I-130, the I-485 and the I-765 (Application for Employment Authorization) all together in the same envelope. (Optionally the I-131 for Travel Authorization). This is called a concurrent filing and that will get USCIS started on adjudicating his employment auth while the I-130 & I-485 are pending as they normally take much longer.

[Edward and Jaycel 1,260]

58 minutes ago, Amanda_Loving said:

apply for Adjustment of Status, apply for a social security number for him.

 

And you will apply for his SSN via the I-485 AND I-765 forms. There is a section in both for you to do that.

[OldUser 8,786]

Hi @Amanda_Loving did Irish citizen come on K-1? Or some other visa?

[Amanda_Loving 1]

He will be coming over on the K-1 visa, yes. 

[wildbug100420 233]

3 minutes ago, Amanda_Loving said:

He will be coming over on the K-1 visa, yes. 

It's my understanding that K-1 has to be done overseas not here 

[Amanda_Loving 1]

I am his sponsor, so I was able to file for him. 

[MalloryCat 552]

1 minute ago, wildbug100420 said:

It's my understanding that K-1 has to be done overseas not here 

he probably already has the K-1 visa and has just not made the trip yet, or is waiting for his interview

 

6 minutes ago, Amanda_Loving said:

He will be coming over on the K-1 visa, yes. 

once you get married you will apply for AOS (greencard) and an EAD at the same time.

I suggest reading through the AOS forum - https://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-k1-and-k3-family-based-visas/

current processing time has people getting their EAD approved is about 3.5 months.

[Amanda_Loving 1]

No, we just filed for the K-1 visa for him. So much paperwork! We are waiting for approval now. 

[MalloryCat 552]

6 minutes ago, Amanda_Loving said:

No, we just filed for the K-1 visa for him. So much paperwork! We are waiting for approval now. 

ok, you filed the I-129f?

that is just the petition to the US government to bring your fiance over, the US embassy in Ireland will have final decision on the K1 visa (which is another form your fiance will file when you get to that point, which is the DS-160 and it is technically the application for the actual K1 visa.)

 

but once you get married, he will have to wait until he receives an EAD card to be able to work. but like i said, you file for that at the same time as the greencard application. sometimes the EAD will get approved first, sometimes not. but from what i've seen the EAD typically gets approved before the greencard.

Edited Monday at 05:57 PM by MalloryCat

[Yareth 161]

You have a long way to go and much more paperwork ahead of you. If you just filed your petition in the US it will be a while before your  fiancé will get his visa. 
 

read everything about I-485, I-765, I-131 to get up to speed about the steps after your fiance has arrived in the US. 
 

[Edward and Jaycel 1,260]

Ok so if he is coming on a K-1 visa then you would NOT file the I-130. Once you're married he will file the I-485 to adjust status, the I-765 for the EAD and the I-131, Travel Auth (Advanced Parole - This is optional) For the SSN, I would suggest that you make an appointment at your local SSA office as soon as he arrives (appointments are taking 2-4 weeks to get on the schedule) and get his SSN as soon as you can after his arrival.

[yuna628 9,811]

3 hours ago, Amanda_Loving said:

I am in the process of getting married to an Irish citizen here in the U.S. but have found conflicting readings on the process to go through in order to allow him to work here. What is the step-by-step that we need to ensure that he is legally able to work after we are married?? I thought it was just: get married, apply for Adjustment of Status, apply for a social security number for him. But now, I am seeing that he needs an EAD before the green card. I am really confused. We want to be legal, but everything is so confusing to us. Thank you to anyone who can assist. 

 

As a K1 -

1)arrive and get married as soon as possible

2)get your marriage certificate copies (many)

3)get over to the SSA and get his first card it will have ''work with DHS authorization'' on it. 

4) file for AOS + EAD/AP (this is pretty well covered in the guides here)

5) wait a stupid long time. while waiting get the spouse added to things like accounts and health insurance

6)EAD arrives - this is the authorization needed

 

[Amanda_Loving 1]

Thank you!!