Can my spouse work while waiting for a green card?

Navigating the Green Card Wait: Can My Spouse Work in the US?

The wait for a marriage-based green card can be a lengthy and stressful process. For many couples, a crucial question arises: can my spouse work legally in the United States while their application is pending? The answer is, in many cases, yes. However, understanding the process and requirements is vital.

While a foreign spouse doesn’t automatically gain work authorization upon filing the green card application (Form I-130, Petition for Alien Relative), they can apply for an Employment Authorization Document (EAD). This EAD, once approved, grants them permission to work legally in the US while their green card application is being processed. Think of the EAD as a temporary work permit, bridging the gap between initial application and final approval.

The Application Process: Obtaining an EAD requires filing Form I-765, Application for Employment Authorization, along with supporting documentation, including:

• Form I-130 Receipt Notice: Proof that the green card application (Form I-130) has been received by USCIS. This is crucial evidence demonstrating the pending immigration case.
• Passport and other identifying documents: Valid passport and other required identity documents will be necessary.
• Biometrics: You’ll likely need to attend an appointment to have your fingerprints and photograph taken.
• Filing Fee: USCIS charges a fee to process the I-765 application.

It’s important to gather all the necessary documents meticulously and ensure the application is completed accurately. Errors can lead to delays or rejection.

Important Considerations:

• No Premium Processing: Unlike some other immigration forms, expedited premium processing is not available for EAD applications based on a pending marriage-based green card. This means processing times can be lengthy, often several months or longer. Patience and careful planning are essential.
• Maintaining Status: Throughout the entire process, it’s critical to maintain legal status in the United States. Failure to do so can negatively impact the application.
• Legal Counsel: Navigating the complexities of immigration law can be challenging. Consulting with an experienced immigration attorney is highly recommended to ensure a smooth and successful application process. An attorney can provide guidance on completing the forms correctly, gathering necessary documentation, and addressing any unexpected complications.

In short: While waiting for a marriage-based green card, a foreign spouse can indeed work legally in the US, but they need to proactively apply for an EAD. This process requires careful attention to detail, patience, and potentially the assistance of legal counsel. Understanding the timeline and requirements will help alleviate stress and increase the chances of a successful outcome. Remember to check the USCIS website for the most up-to-date information and processing times.