EAD and adjustment

R

rosalion

Registered Users (C)
Applying for the I-130 for my husband, who is in Italy waiting for his visa so he can come live in the US, do I have to send something extra for employment authorization, or upon arrival of his immigration visa, will it come automatically? And if I have to apply separately, at what point do I do so?

Also, since we have been married for under two years, should I wait to apply for the adjustment of status, or start right away?
 
What is your status (USC or LPR)?

You can apply for EAD after filling I-485 (or along with it). You have to use form I-765, 2 Photo, copy of I-485 receipt (only if applying separately), I-94 & filling fees.

Also, I would say apply for I-485 as soon as possible.
 
I am a USC.

But are these applications necessary for my husband since he is NOT in the US? In other words, will he be authorized to work upon receipt of his conditional permanent resident status? Same question for the I-485 ... is the only purpose of this for people temporarily in the US trying to become green card holders?
 
Yes, I-485 is only for people who are already in the States in a non-immigrant status.

Your husband will come in on an immigrant visa, which will make him a permanent resident at the time of entry. He will be allowed to work and no additional EAD is necessary.
 
LucyMO said:
Yes, I-485 is only for people who are already in the States in a non-immigrant status.

Your husband will come in on an immigrant visa, which will make him a permanent resident at the time of entry. He will be allowed to work and no additional EAD is necessary.
Click to expand...

I second that.
 
Looks like, your husband is trying to get immigrant visa (or GC) overseas.

After going through consular processing, he will be fingerprinted at POE for GC & he will receive conditional (or permanent) GC in mail.

You don't need to file EAD in that case. He will be authorized to work on GC approval.

rosalion said:
I am a USC.

But are these applications necessary for my husband since he is NOT in the US? In other words, will he be authorized to work upon receipt of his conditional permanent resident status? Same question for the I-485 ... is the only purpose of this for people temporarily in the US trying to become green card holders?
Click to expand...
 
Looks like, your husband is trying to get immigrant visa (or GC) overseas.

After going through consular processing, he will be fingerprinted at POE for GC & he will receive conditional (or permanent) GC in mail.

Yes, he is applying for his GC while overseas. Or rather, I am applying from the US, and the application will then be forwarded to the US Consulate in Italy.

After consular processing ... you mean after they receive all needed paperwork and finish the interview? He will be fingerprinted where and how long after the interview? What is POE? Will his GC arrive in the mail in the US, or will he have to await that in Italy before coming to the US?
 
POE - point of entry.

GC will come in the mail to an address in the States in about a month from the time of his entry on an immigrant visa. Sometimes it takes less, sometimes a lot more.
 
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