Work authorization after marriage to a US Citizen

[ic_atnyc]

Hello,

I am new to this forum and this is my first question. I have been in the US for about 2 years, working for an MNC on a L1 visa. My L1 visa is valid till Oct'2008, around which time my employer will file paperwork to extend it for another 3 years. (I am not sure of the exact paperwork)

However, I am getting married to a US citizen in July 2007. I would like to change my visa status from L1 to Permanent resident. More importantly, I would like to be legally eligible to seek employment anywhere in the US and I want this eligibility to materialize as quickly as possible.

I have been hearing conflicting views from friends, amateurs and professionals alike but would like a more independent opinion. Can someone please inform me :

1. How much time will it take to file for a change of status ? ( I guess its called the I-485)
2. How much time will it take for some proof of my 'eligibility to seek employment anywhere' to materialize?
3. Can anyone who has been in a similar situation, share their experiences?

We live in Manhattan but in June 2007, we will move to Jersey City (NJ) where we have bought a condo. Does this have any implications on processing times?

Please let me know your thoughts and comments on these?

best wishes
ic

 

[dr_lha]

1. How much time will it take to file for a change of status ? ( I guess its called the I-485)

Anywhere from 2 months to many years depending on how things go. Average is around 6 months right now I believe.

2. How much time will it take for some proof of my 'eligibility to seek employment anywhere' to materialize?

If you apply for an EAD when you apply for AOS, it should be in your hands within 90 days of USCIS recieving the application.

3. Can anyone who has been in a similar situation, share their experiences?

Many of us have been in the same situation.

We live in Manhattan but in June 2007, we will move to Jersey City (NJ) where we have bought a condo. Does this have any implications on processing times?

Make sure you don't file for AOS until after you move to your new address. Changing address during the AOS process is fraught with danger.

 

[ic_atnyc]

Thanks for your prompt reply. I have been told that I need not file for I-130. Do you know what I-130 does? or a possible reason, why it could be inapplicable to me?

 

[TheRealCanadian]

Thanks for your prompt reply. I have been told that I need not file for I-130. Do you know what I-130 does? or a possible reason, why it could be inapplicable to me?

On what grounds have you been told you do not need an I-130 if you are filing based on marriage to a US citizen? The only grounds for exemption from the I-130 is if you entered on a K-1 and married within 90 days.

 

[dr_lha]

Thanks for your prompt reply. I have been told that I need not file for I-130. Do you know what I-130 does? or a possible reason, why it could be inapplicable to me?

AOS is a two step process. First your USC spouse has to petition for you to get an immigrant visa number (I-130), then you have to apply yourself for your status to be adjusted to that of a permenant resident (I-485).

So your USC spouse needs to file I-130 on your behalf, although luckily you now file this concurrently with the I-485, so it should go into the same envelope as the rest of the forms (I-485, I-765 etc).