If you are married to a U.S. citizen and planning to work in the United States, it is important to understand the timeline for obtaining the necessary work authorization. The process can be complex and time-consuming, but with the right information and guidance, you can navigate the process successfully. In this article, we will break down the timeline for obtaining work authorization as the spouse of a U.S. citizen, including the different stages of the process and the estimated timeframes for each step.
How long does it take for a spouse of a U.S. citizen to get the work permit
When a U.S. citizen marries a foreign national, the spouse may be eligible for a work permit. However, the process of obtaining a work permit can take time and requires specific steps to be taken.
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Step 1: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The processing time for this form can vary, but it typically takes around 6-9 months.
Step 2: Once the I-130 is approved, the foreign national spouse must apply for a green card through a process called Adjustment of Status. As part of this process, the spouse can apply for a work permit by filing Form I-765, Application for Employment Authorization. This form can take around 3-5 months to process.
Step 3: If the foreign national spouse is outside of the U.S. when the I-130 is approved, they will need to apply for an immigrant visa through the U.S. Department of State. As part of this process, they can apply for a work permit by filing Form I-765. This form can take around 3-5 months to process.
Overall, the process of obtaining a work permit for the spouse of a U.S. citizen can take anywhere from 6 months to over a year, depending on the specific circumstances. It is important to consult with an experienced immigration attorney to ensure that all necessary steps are taken and that the process is completed as efficiently as possible.
Example:
John is a U.S. citizen who recently married Maria, a citizen of Mexico. John filed Form I-130 for Maria in January, and the form was approved in July. Maria then applied for a green card and work permit in August by filing Forms I-485 and I-765. Her work permit was approved in November, and she was able to begin working in the U.S. shortly thereafter.
Disclaimer: The information provided above is for informational purposes only and should not be construed as legal advice. For personalized legal advice, please consult an experienced immigration attorney.
Understanding the Timeline for Spousal Immigration with a U.S. Citizen: A Comprehensive Guide for Applicants
Are you a foreign national married to a U.S. citizen and looking to immigrate to the United States? If so, it is important to understand the timeline for spousal immigration with a U.S. citizen. Here is a comprehensive guide for applicants.
Step 1: Filing the Petition
The first step in the process is filing a Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen and the foreign national spouse and is necessary to begin the immigration process. The processing time for this form can vary, but it typically takes around six months to a year to be approved.
Step 2: Visa Availability
Once the I-130 petition is approved, the foreign national spouse will need to wait for a visa to become available. This can take several months to several years, depending on the country of origin and the demand for visas. It is important to check the visa bulletin regularly to track the progress of the application.
Step 3: Filing the Application
Once a visa becomes available, the foreign national spouse can file an application for a green card. This involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and fees. The processing time for the I-485 application can also vary, but it typically takes around six months to a year to be approved.
Step 4: Interview and Approval
After the application is approved, the foreign national spouse will be scheduled for an interview with a USCIS officer. This interview is to determine the eligibility of the foreign national spouse for permanent residence in the United States. If all goes well, the foreign national spouse will receive a green card and become a permanent resident of the United States.
Conclusion
The process of spousal immigration with a U.S. citizen can be lengthy and complex. However, understanding the timeline and steps involved can help applicants prepare for what to expect. It is important to consult with an experienced immigration attorney to ensure that all necessary forms and documents are submitted correctly and on time.
Example:
- A U.S.
citizen files Form I-130 for their foreign national spouse in January 2020. - The I-130 petition is approved in June 2020.
- A visa becomes available for the foreign national spouse in September 2020.
- The foreign national spouse files Form I-485 in October 2020.
- The I-485 application is approved in May 2021.
- The foreign national spouse has an interview with a USCIS officer in June 2021.
- The foreign national spouse receives a green card in July 2021 and becomes a permanent resident of the United States.
What is the 90-day rule for spouse of U.S. citizen
If you are married to a U.S. citizen and you are planning to apply for a green card or adjustment of status, you may have heard of the 90-day rule. The 90-day rule is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to determine whether a marriage is bona fide or not.
Bona fide means that the marriage is genuine and not just for the purpose of obtaining a green card. USCIS wants to make sure that people are not using marriage as a way to get around immigration laws.
The 90-day rule states that if you get married and apply for a green card within 90 days of entering the United States, USCIS will consider it a presumption that you entered into the marriage solely for immigration purposes.
This means that if you apply for a green card within 90 days of entering the U.S., USCIS will scrutinize your case very carefully to determine whether your marriage is bona fide. USCIS may ask for additional evidence to prove that your marriage is genuine.
However, it is important to note that the 90-day rule is just a guideline, not a hard and fast rule. USCIS will still look at the totality of the circumstances to determine whether your marriage is bona fide.
Exceptions to the 90-day rule
There are some exceptions to the 90-day rule. For example:
- If you can prove that you did not enter into the marriage solely for immigration purposes, USCIS may not apply the 90-day rule.
- If you can prove that there were unforeseeable circumstances that prevented you from filing your green card application after the 90 days, USCIS may waive the 90-day rule.
- If you are in the U.S. on a K-1 fiancé(e) visa, the 90-day rule does not apply to you.
Example
For example, let’s say that John is a U.S. citizen and he marries Jane, a foreign national, who enters the U.S. on a tourist visa. If Jane applies for a green card within 90 days of entering the U.S., USCIS may presume that the marriage is not bona fide and ask for additional evidence to prove that the marriage is genuine. However, if Jane can provide strong evidence that the marriage is bona fide, USCIS may waive the 90-day rule.
It is important to consult with an experienced immigration attorney if you are planning to apply for a green card based on marriage. An attorney can help you understand the 90-day rule and other requirements for obtaining a green card.
Employment Options for Spouses of U.S. Citizens: Exploring Work Authorization after Marriage
When a foreign national marries a U.S. citizen, they may be eligible for employment authorization as a result of their marriage. This can be an important consideration for many couples who want to build a life together in the United States.
There are two primary employment options for spouses of U.S. citizens:
- Adjustment of Status: If the foreign national spouse is already in the United States and their U.S. citizen spouse has filed an I-130 petition on their behalf, they may be able to apply for adjustment of status. This process allows the foreign national spouse to become a lawful permanent resident (green card holder) and to apply for work authorization while their application is pending.
- Consular Processing: If the foreign national spouse is outside of the United States, they will need to go through consular processing to obtain an immigrant visa. Once they are admitted to the United States on their immigrant visa and receive their green card, they can apply for work authorization.
It is important to note that the process for obtaining work authorization can take several months or even years, so it is important to plan accordingly. Additionally, if the foreign national spouse has any immigration violations or criminal convictions, it may impact their ability to obtain work authorization.
Example: Sarah, a U.S. citizen, and Juan, a Mexican national, got married and Juan is currently living in the United States. Sarah filed an I-130 petition on Juan’s behalf and he is now able to apply for adjustment of status. While his application is pending, Juan can apply for work authorization and start working in the United States.
Overall, employment authorization is an important consideration for spouses of U.S. citizens who want to build a life together in the United States. Understanding the options available and the requirements for each can help couples plan for their future together.
Thank you for taking the time to read this article on working in the U.S. as a spouse of a U.S. citizen and understanding the timeline. We hope that the information provided has been helpful in guiding you through the process. Remember that each case is unique and consulting with a qualified immigration attorney can provide personalized guidance. Good luck on your journey, and we wish you all the best. Goodbye!