Question by Frosty: After marriage how long can it take to get her green card and work permit?
After marriage through a fiancee visa how long can it take for a woman to get her green card and work permit? Does she have to stay in the US after marriage until she gets her permit and green card? Can she get a temporary work permit until she waits for her permanent one?
Best answer:
Answer by Bob
She can get an SS card in her maiden name before she marries, and then she will be legal to work until her I-94 card expires in 90 days. Many employers will allow her to continue working during the application time, USCIS gives a lot of slack in this area. Then, when she applies for adjustment of status (AOS), she can also apply for EAD (employment Authorization Document). She should get the EAD within 2-3 months. She can also apply for advance parole when she applies for EAD and AOS, which will allow her to travel while waiting for her AOS and green card.
www.fil2usavisa.com
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Facebook comments:
If a person leaves after they get the green card for more than say a vacation few weeks …with the spouse it will considered suspicious ..there is no such thing as a temp work permit … just the EAD
Your making it sound like a fraudulent marriage
It would take around 2-5 years, depending on the F2 visa holder’s home country. If the F2 holder is about to divorce, then he/she should be able to maintain a valid nonimmigrant status on his/her own if he/she intends to stay in the US while waiting for the petition. Otherwise, he/she has to go back home and wait there until an immigrant visa is available. Marrying a green card holder is different from marrying a US citizen.
Update: Well yes, because marrying a green card holder doesn’t even allow you to be in the US in the first place until a visa number is available, so why would you expect to be immediately eligible for a work permit? The only thing you could do after marrying as green card holder is file for the I-130 petition, then wait a few years for your priority number to be current before you can either apply for an immigrant visa or adjustment of status. If this F2 holder goes out of status and is not able to get another visa of his/her own while waiting for the petition, then they will encounter problems once they apply for the visa.
You must file I-485 along with I-765. EAD will be approved within 90 days of filing. Green card interview will be scheduled between 6 to 10 months from filing. She must stay until she gets green card. Otherwise, her application will be automatically denied based on abandonment by leaving US.