Question about marriage and employment

J

jb90304

Registered Users (C)
When an immigrant who seeking a green card is getting married to a US citizen, how long will it be until she can legally start working (as in getting a job)?

This is important for this particular immigrant because she will have no financial support from anyone besides the very little from the future spouse and if she has to wait for months or even years for the whole process to go through, then she will be left with nothing to do, no job and no money for education.

I would greatly appreciate any help and please, feel free to leave any advice in which you think would be helpful in this case.
 
US citizen spouse can apply I-130 (immigrant petition), I-485 (Adjustment of status), I-765 (Employment Authorization) for his/her non-immigrant spouse right after their marriage. Processing times for Employment authorization application varies depending on USCIS's local district office where you've applied. You can check processing times in your area to get an idea. Lately it's been taking less than 3-4 months in most offices across country.
 
jb90304 said:
When an immigrant who seeking a green card is getting married to a US citizen, how long will it be until she can legally start working (as in getting a job)?

This is important for this particular immigrant because she will have no financial support from anyone besides the very little from the future spouse and if she has to wait for months or even years for the whole process to go through, then she will be left with nothing to do, no job and no money for education.

I would greatly appreciate any help and please, feel free to leave any advice in which you think would be helpful in this case.
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I'd say after apply it would take 3 months to get the EAD ( Employment authorization document ).
Atique.
 
This might be a dumb question, but... i thought the spouse files I-130 (immigrant petition), I-485 (Adjustment of status), I-765 (Employment Authorization) and other forms that BEFORE marriage. Otherwise, how would the immigrant get married in first place? because when the 2 goes in for marriage license and all that, wouldn't they require the immigrant to bring all types of documents and IDs that the immigrant do not have because of her status?
 
jb90304 - In fact getting married first is a requirement for applying based on marriage to a US citizen.
There is absolutely no requirement to be an immigrant first to get married. Are you presently in the US? If yes, which visa did you enter the US?
 
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seadull said:
jb90304 - In fact getting married first is a requirement for applying based on marriage to a US citizen. Are you presently in the US? If yes, which visa did you enter the US?
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I am simply trying to help out with some info for a friend of mine, but yes, she is currently residing in US. I know she entered legally but not sure if the visa has expired... if that is the case, should there be a different approach for this case? I just didn't know that marriage is the first step because I figured they would require many documents that she do not have.
 
in most cases she needs only two forms of ID to enter into a marriage. If she is not married to a US citizen, she has no basis for applying for a GC.
 
seadull said:
Does she have her passport with her?
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i think she is out of status, as in does not have state-issued ID like driver's license or even social security number.
but that's kind of what i was meant i guess, like how is it possible to get married when they would ask for documents?
 
In some states (WA, NM & UT) it's possible to get a drivers license as long as you are resident (3 months and more) of the state. If your friend is from one of those state, DL will not be an issue. I am not 100% sure about this requirement but check with your local DMV. While how to obtain a state issued ID is one problem, what's more important to consider is if this person has entered the US legally. When you say she is out of status, does it mean her visa has expired? Because if she is entered the US without custom inspection, then she will run into problems when applying for a GC.
 
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seadull said:
In some states (WA, NM & UT) it's possible to get a drivers license as long as you are resident (3 months and more) of the state. If your friend is from one of those state, DL will not be an issue. I am not 100% sure about this requirement but check with your local DMV.
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true, i have heard that, in washington state at least. however, the issue is not just simply the DL though. i am sure that in getting married officially, some forms of ID (i think 2) and SS would be required and i'm just not sure how this would be possible for an undocumented immigrant.
 
Sorry, I don't mean to make this thread all confusing.
Basically, my question was whether the marriage comes first before all of the forms like i-130, i-485, and i-765 (is there any others?) are submitted?
It seems as though marriage is the one that comes first (thank you for the replies), and now I am just not sure how that could be processed because getting married officially requires forms of ID (usually 2), SS#, and most likely other documents that the immigrant most likely do not have.
I would greatly appreciate any advice and help! thanks!
 
jb90304 said:
true, i have heard that, in washington state at least. however, the issue is not just simply the DL though. i am sure that in getting married officially, some forms of ID (i think 2) and SS would be required and i'm just not sure how this would be possible for an undocumented immigrant.
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Since you don't have two forms of ID, why don't you return to your country of origin and have your future spouse file the I-130 for consular processing. There is no friend here, you are the person with these issues and questions, so just come clean. You don't have to be a resident of a particular state to be married there, you and your future spouse can drive to Nevada, with your passport and his drivers license, and get married in a drive-thru marriage hotel. It is legal marriage, drive back to Washington state and file for the necessary paperwork.

Many undocumented people get married across this country on a daily basis, in most states, your immigration status is not focused on, but since you are nervous, they might want to see your documentation. Moreover, since you are unclear about this immigration stuff, spend time educating yourself. How can USCIS allow someone to file for a green card for someone who is NOT a spouse? It is called immediate relative established via marriage for a reason, and meant primarily for people who are in legal status, but consideration has been made for illegal or people with expired visa. In your case, you will need to show two forms of IDs to be issued a marriage license, if you can't produce those ID, find a state which will accept a single form of ID, drive for days to get the license.
 
jb90304 said:
This is important for this particular immigrant because she will have no financial support from anyone besides the very little from the future spouse and if she has to wait for months or even years for the whole process to go through, then she will be left with nothing to do, no job and no money for education.
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Are you aware of the income standards your future spouse would need to meet to satisfy the requirements of the green card process? (yes, we know you're talking about yourself, not a friend)
 
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