Working and traveling while awaiting marriage-based green card?

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fsoe

Registered Users (C)
Hi,

I hope someone can give me some advice!

In January I am marrying a US Citizen (I am British). I plan to apply for Permanent Residence, and a Green Card, immediately after the wedding.

My question is - will I be allowed to work while the application is processed? How do I apply for work authorization, and will there be any restrictions on my working (ie multiple jobs)?

Also, I will need to travel home to the UK for 2 separate 2-week visits during 2007. How and when can I apply for "travel parole" for these, so that I can re-enter the US each time?

I am currently working as a J-1 student in Academic Training, and my aim is to continue my current job after the wedding and application, and hopefully also add a second part-time job. Is this possible?

thanks in advance for any help.
 
First of all, since you're on J1, make sure that you're not subject to 212 section (your visa stamp clearly states it).
If you are, then even marrying a US citizen doesn't waive that.
Let's assume you're not subject to 212 section, then get married, have your wife file a I-130 petition and you file the I-485 adjustment of status.
In order to be able to work, you have to apply for I-765, employment authorization. And yes, you could work for whoever you want with no limit.
In order to be able to travel, you have to apply for I-131, advance parole.

While your GC could normally takes from 3 to 6 months depending on where you live, you should get your EAD and AP in the 60/90-day window-time.
 
If you get RFE, that could extend employment document for another three months... My own experience :mad:
 
Thank you both for your replies! A couple more questions:

sarrebal said:
First of all, since you're on J1, make sure that you're not subject to 212 section (your visa stamp clearly states it).

This is the 2-year Home Residency thing, right? I'm not subject to that.

> then get married, have your wife file a I-130 petition and you file the I-485 adjustment of status.
In order to be able to work, you have to apply for I-765, employment authorization.

OK, my next question - if I apply for employment authorization, how long does this take to come through and am I allowed to work while I am waiting for the authorization? I already have a job, you see (authorized as Academic Training on my current J1 visa), and I'm anxious to keep the job without any break in employment.

Can I work my existing job on my J1 after the wedding, although I will have changed to "Permanent Resident pending" status?

>In order to be able to travel, you have to apply for I-131, advance parole.

Is this for general permission to travel, or is a separate application needed for each trip? Is permission usually granted?

Thanks so much!
Click to expand...
 
RFE is request for evidence, or further evidence. basically they're missing something in your file and they want you to update.
 
fsoe said:
Thank you both for your replies! A couple more questions:

OK, my next question - if I apply for employment authorization, how long does this take to come through and am I allowed to work while I am waiting for the authorization? I already have a job, you see (authorized as Academic Training on my current J1 visa), and I'm anxious to keep the job without any break in employment.

Can I work my existing job on my J1 after the wedding, although I will have changed to "Permanent Resident pending" status?

Is this for general permission to travel, or is a separate application needed for each trip? Is permission usually granted?

Thanks so much!
Click to expand...


once you apply for AOS (to adjust your status) your other status is invalid, unless your H-1, as J visas are non-immigrant visas.
so you can't work anymore, unless you get your EAD. if you don't apply for your EAD and continue to work, then you're working illegally. you have to wait until your EAD is approved to work.

the AP is for general travel permission, valid upto the date that it expires on. this is one year. you can travel how many times you want, as long as you have not been out of status in the US for more than 180 days, otherwise you will get a ban, when you try to re-enter. permission is ususually granted. being out of status means not maintaining the requirements of your visa, or going over the date on your I-94.
 
candyattitude said:
once you apply for AOS (to adjust your status) your other status is invalid, unless your H-1, as J visas are non-immigrant visas.
so you can't work anymore, unless you get your EAD. if you don't apply for your EAD and continue to work, then you're working illegally. you have to wait until your EAD is approved to work.
Click to expand...

This is incorrect. While the filing of an I-485 may prevent the renewal of a non-immigrant status that does not support immigrant intent like J or TN, it does not automatically cancel said status and it certainly does not terminate the employment authorization conferred by this status.
 
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