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.
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Adjustment of Status after Marriage
The I-485 This is the most comprehensive of immigration forms as it grants a green card and eventually complete citizenship. Citizenship is a lengthy process, also known as naturalization. Once complete, your wife can become a host for her family to apply for citizenship and come to the US as well. This process takes a tremendous amount of time but for those wishing to make a better life for themselves and their new in-laws, it is good to know this ability and right is present.
The adjustment process should be filed for as soon as possible after marriage. There is no time limit or deadline, just as quickly as you can get everything completed and sent in is all the USCIS instructs. It is recommended to keep a copy of the executed marriage license in your spouses passport until you have received a receipt from USCIS for your application. (Usually this will arrive in 10-20 business days after filing).
There is no “stamp” or other official document for your spouses passport or K1 visa. The K1 Visa will expire in 90 days after arrival, and only marriage within that time grants legal right to be in the US. This is why filing for the adjustment of status is an important and pressing matter after marriage. Recent changes in the USCIS procedures have combined forms and filing costs to make things move a little quicker during the waiting period. This means your spouse will be waiting up to 18 months for an interview to get a temporary green card, but your spouse can get a work permission and advanced parole document within a few months. (These documents also act as proof of legal status in the US). Your spouse may become anxious about not having something to present as “current” proof of status.
The complete package requires the following forms:
- I-485,Application to Register Permanent Residence or to Adjust Status
- G-325ABiographic Information
- Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
- I-864,Affidavit of Support
- I-693,Medical Examination of Aliens Seeking Adjustment of Status
- All required supporting documentation as listed on the above forms.
Money $aving Note: If your spouces medical examination for their Fiance Visa was done in the last year, they DO NOT need to go through the entire exam again.
They only need to include an immunization update in their package. This will still require a visit to the Designated Civil Surgeon, but the cost for an update is MUCH less than a full examination. The Surgeons will not tell you these facts as they see many immigration physical patients with differing needs. Your wife’s immunization record will also need to be translated into English before your visit. Official translations from Russian to English can be purchased online through our partner website at American Experience: Click here for information on Professional Document Translation
About Advanced Parole
Application for Travel Document also known as Advanced parole can become a vital document should your spouse wish to return home during the waiting period. This could be a vacation or an emergency situation requiring short notice travel plans. For this reason, it is highly recommended that you obtain the travel document even if plans to return home are not likely. Here is why: The Fiance Visa is a single entry Visa, meaning once your spouse exits US Borders, they cannot return without a different kind of visa showing permission to enter. A pending case will not be accpeted by border officials. Even a cruise into international waters can present the same scenario on return.
Note: If your wife leaves the US without a travel document, it will be viewed as abandonment of her adjustment of status Case. Correcting this issue will have to be done from her home country and can be very difficult to resolve. In essence her sponsor would have to apply for the travel document and she would receive it in her home country. A biometric interview (for fingerprinting) would also be required at the local embassy. As you can imagine this would become an expensive and frustrating situation for any newly married couple.
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What is Advanced Parole and Why Does my Spouse Need It?
Advanced Parole is basically permission to leave and return to the United States while your immigration case is pending. Permission to reenter the US is granted if the person has a Travel Document with them when the return to the US border. The document is fairly simple looking, it contains a photo, fingerprint and details about the number of times the person can reenter the US and for how long this is permitted.
The Travel Document can become a vital document should your spouse wish to return home during the adjustment of status waiting period. This could be a vacation or an emergency situation requiring short notice travel plans. For this reason, it is highly recommended that you obtain the travel document even if plans to return home are not likely.
Here is why:
- The Fiance Visa is a single entry Visa, meaning once your spouse exits US Borders, they cannot return without a different kind of visa showing permission to enter.
- A pending status adjustment case will not be accpeted by border officials. Even a cruise into international waters can present the same scenario on return.
Note: If your spouse leaves the US without a travel document, it will be viewed as abandonment of their adjustment of status Case. Correcting this issue will have to be done from your spouces home country and can be very difficult to resolve. In essence the sponsor would have to apply for the spouces travel document and request it be sent to their home country. A biometric interview (for fingerprinting) would also be required at the local embassy. As you can imagine this would become an expensive and frustrating situation for any newly married couple.
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Should I obtain a Social Security Card for my Fiancé?
Yes! As soon as your Fiancé arrives, go and register her for a social security number. It will take a couple weeks for her card to arrive, but there are so many American forms and processes that require a Social Security Number, that you will find yourself glad you got this early. Apply within the first 10 days she is here if possible. If her K-1 Visa is close to expiration (married or not) she will not get a card.
In fact, she can’t get a SSN later unless she has either a work permission card or adjustment of status. Both of these processes take months to complete, and during that time she will not be able to work legally, apply for a bank account or file taxes. Once married you will also need her SSN for any work related benefits your company provides such as medical, dental and life insurance plans.
What should I know about her getting a drivers license?
If your fiancé knows how to drive and has a license from her home country, get her driving license after she has her Social Security Number. This will be easier while her K-1 is still valid. Even if she marries you, her K-1 will expire in 90 days. Nothing can be done to extend that date, and applying for her adjustment is not automatic. For this reason, many government and authority offices do not recognize the proof that you applied for status (I-797) as a valid document. Your fiancé can drive on an International license for a period of 3-6 months usually, but many insurance companies do not recognize International licenses. This puts you and your fiancé at risk should an accident occur. A local license cures this issue and helps her establish residency in the state. It is also looked at by employers as a way to establish a background check for a potential employee, again this can work for your and her benefit.
How Can I help my Fiancée Adjust to life in the U.S.?
There are many things you can do and should anticipate doing after your Fiancée arrives. Imagine you are in her situation: You have left everything and everyone you know behind and now have to start over making friends and adjusting to life in a foreign country. The appliances are different in the house. The TV Stations are all in English and the Radio only plays American music. It will take some time for your Fiancée to adjust to so many new things at once but you can help.
A survey of American husbands who married Russian women revealed that Russian TV and Radio made a big impact on their wives ability to assimilate into American Culture. It allows your Fiancée to relax, to see and hear news and media from her home country. After all, she is translating non stop throughout the day and needs some time to let her mind calm down. Our most recommended service is the kind using a set top box that connects to the Internet. This provides the most channles at an affordable rate, while allowing your spouse to watch shows on the TV rather than a small computer screen.
Russian discussion groups are also very popular throughout the world. You can find local Russian speakers, many who may be in the same situation as you, by searching sites such as MeetUp.com This can be a great resource for making for making friends and meeting other Russians.
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