Employment Authorization

thirdaugust · Post by **thirdaugust** » Tue Sep 30, 2008 9:21 pm

Hello

I am a US Green Card holder. Earlier this year, i got married to a lady who is resident in the UK. Its tough being on separate continents and having to travel back and forth every few weeks. I am now thinking of filing for her to live in the US.

I understand that there is a long wait for visa numbers for spouses of US Permanent Residents. My question is, if i file an adjustment of status for her while she's here visiting, can i also apply for employment authorization for her? And how long does it usually take to come through? The goal is to enable her work while we wait for the papers to come through.

Thank you.

darko · Post by **darko** » Tue Sep 30, 2008 9:55 pm

My understanding is that you will have to wait few years to apply for adjustment of status and applying for AOS is what allows you to get work authorization while application is pending...

Wait for expert advice though.

thirdaugust · Post by **thirdaugust** » Tue Sep 30, 2008 10:21 pm

Thanks Darko ....

You mean i cannot apply for AOS now? She is here visiting now and i want to apply for AOS. I also want to apply for employment autorization ....

Marco 72 · Post by **Marco 72** » Tue Sep 30, 2008 10:39 pm

You can't AOS on the basis of marriage to a green card holder. She'll either have to wait until she gets her visa or until you become a US citizen and can sponsor her on that basis.

thirdaugust · Post by **thirdaugust** » Tue Sep 30, 2008 10:54 pm

Marco 72 wrote:You can't AOS on the basis of marriage to a green card holder. She'll either have to wait until she gets her visa or until you become a US citizen and can sponsor her on that basis.

I see. Thanks. While we wait for her visa, can she apply for employment authorization ? Is it likely to be approved?

Post by **JAJ** » Wed Oct 01, 2008 1:13 am

thirdaugust wrote: I see. Thanks. While we wait for her visa, can she apply for employment authorization ?

No.

Does she have any chance of getting a visa on her own merits?
http://britishexpats.com/wiki/Pulaski%2 ... in_the_USA

Marco 72 · Post by **Marco 72** » Wed Oct 01, 2008 9:40 am

thirdaugust wrote:I see. Thanks. While we wait for her visa, can she apply for employment authorization ? Is it likely to be approved?

She has to wait for her visa in the UK. She can't AOS or obtain EAD unless you are a USC. When will you become eligible for naturalization?

thirdaugust · Post by **thirdaugust** » Wed Oct 01, 2008 6:27 pm

Marco 72 wrote:
thirdaugust wrote:I see. Thanks. While we wait for her visa, can she apply for employment authorization ? Is it likely to be approved?
She has to wait for her visa in the UK. She can't AOS or obtain EAD unless you are a USC. When will you become eligible for naturalization?

I become eligible in 2010. I was just looking for way in which she can live in the US legally. We are expecting a baby in a few weeks.

darko · Post by **darko** » Wed Oct 01, 2008 6:28 pm

Marco 72 wrote:
thirdaugust wrote:I see. Thanks. While we wait for her visa, can she apply for employment authorization ? Is it likely to be approved?
She has to wait for her visa in the UK. She can't AOS or obtain EAD unless you are a USC. When will you become eligible for naturalization?

Umm... are you sure? I think GC holder can apply for for green card for their spouse. It is just that their relatives don't avoid queue (like they would if sponsor is USC) and have to wait for years to be able to file for change of status.

Marco 72 · Post by **Marco 72** » Thu Oct 02, 2008 2:05 pm

You can only adjust status while you are in the US. In theory the GC holder can file I-130 and once the priority date becomes current the spouse can adjust status (by filing form I-485). However, it takes literally years for the priority date to become current (something like 5 years for the spouse of a GC holder). During this time the spouse would be in the US illegally. Only when the priority date becomes current and the AOS form is filed can the spouse obtain EAD. If the spouse leaves the US before the AOS process is complete they will also incur a ban. It used to be that a visa was made available for this situation (V visa) but it was discontinued a few years ago.

So it sounds like they'll just have to visit each other until either the OP becomes a US citizen or the OP's wife's priority date becomes current. He should file I-130 now and apply for naturalization as soon as he qualifies. See here

http://www.wa-law.net/immigration/immigration_fb_pr.htm

thirdaugust · Post by **thirdaugust** » Thu Oct 02, 2008 5:50 pm

Thanks all for your help.

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Employment Authorization

Employment Authorization