What is Permission to Work?

 Also known as “Permission to Work” the I-765 can be filed prior to marriage, (not recommended)  but there is a chance it will be held until the marriage is decided, since permission to work is not the same as permission to stay in the US. You will also be required to re-apply for a new authorization after the marriage since the conditions of your wife’s stay in the US have changed. The typical processing time is between 2 and 3 months, and once granted the card is good for one year. The Immigration Form I-765 is not a complicated form, in fact it’s 10 pages of instructions and only 1 page for the form but it does require a few additional items to be processed smoothly. For example, photos are required just as they were with the K-1 application. You will also be asked for a copy of the I-94 which is placed in her Passport upon entry to the US. A copy of the Adjustment of Status form is also required as these applications usually follow each other or are filed at the same time.

Upon reciept of your application, the USCIS will schedule a biometric interview, where a fingerprint is taken. This is a fairly brief interview but it can take months to get the notice of scheduling and of course the process is slow due to long lines at the USCIS offices. However, once the biometric is taken, your spouces work permission will arrive within approximately 3-4 weeks. It looks like an ID card, has their photo and fingerprint along with personal information and validity dates. Your spouse can carry this card as proof of legal status in the US and also use it toward getting a drivers license depending on your local state requirements.

Note: It’s recommended that you wait until after the marriage to apply for the Employment Authorization due to the waiting time and requirements to resubmit your application after marriage. Since Adjustment of Status proceeds Work Authorization in the natural flow of events, the USCIS is more accustomed to approving Employment Authorization after the Status Adjustment has been submitted. You will however, receive work Authorization before your Adjustment of Status is approved.

What is Advanced Parole and why do I need it?

The I-131 Application for Travel Document is required before your fiancé or wife leaves the country unless she has her green card. Since the green card or Adjustment of Status takes a great deal of time, you will need to submit the I-131 to protect your wife’s re-entry to the United States should she take a trip outside the US Borders. (The Fiancé visa is a one time only entrance  to the US)

Note: If your wife leaves the US without a travel document, it will be viewed as abandonment of her adjustment of status request and she will not be permitted to re-enter the US. Correcting this issue will have to be done from her home country and can be very difficult to resolve.