Go Back   British Expats / Living & Moving Abroad / USA / US Immigration, Citizenship and Visas

Closed Thread
 
Thread Tools
Old Nov 4th 2008, 12:04 pm   #1
Forum Regular
 
Joined: Apr 2008
Posts: 48
mickybrit will become famous soon enough
Default Working while waiting for green card

My wife is American we live in the states and Ive been processing my green card for 6 months, which is a drag with not being able to work.

Anyway came across a web page is this true, can I somehow go to work now?

"Although, the same process that takes 6-8 months abroad, takes 12-18 months in the US, the applicant may work and live in the U.S. from the date of filing. Thus the lengthy processing period is not as inconvenient as it would seem."

http://www.immigration.ca/us/usmarriage.asp
mickybrit is offline  
Sponsored Links
Old Nov 4th 2008, 12:08 pm   #2
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by mickybrit View Post
My wife is American we live in the states and Ive been processing my green card for 6 months, which is a drag with not being able to work.

Anyway came across a web page is this true, can I somehow go to work now?

"Although, the same process that takes 6-8 months abroad, takes 12-18 months in the US, the applicant may work and live in the U.S. from the date of filing. Thus the lengthy processing period is not as inconvenient as it would seem."

http://www.immigration.ca/us/usmarriage.asp
I'm confused. Without having to backtrack and look up your other 14 posts, didn't you complete the I-765 for the Employment Authorization Document so that you can work while you wait?

You don't live in the UK any longer but in the US and if you were to leave now you would encounter overstay and a possible ban if the overstay is more than 179 days.
Rete is offline  
Old Nov 4th 2008, 12:46 pm   #3
Forum Regular
 
Joined: Apr 2008
Posts: 48
mickybrit will become famous soon enough
Default Re: Working while waiting for green card

Quote:
Originally Posted by Rete View Post
I'm confused. Without having to backtrack and look up your other 14 posts, didn't you complete the I-765 for the Employment Authorization Document so that you can work while you wait?

You don't live in the UK any longer but in the US and if you were to leave now you would encounter overstay and a possible ban if the overstay is more than 179 days.
Mmm I'm confused too, so what you are saying there is an actual form that allows me to work while the green card is being processed?

I filled in my forms about work history and passed my medical then gave the completed forms to my lawyer. But he told me from the start dont even think about doing any "under the table work". Why wouldnt he tell me that I could fill a form in and work?
mickybrit is offline  
Old Nov 4th 2008, 12:52 pm   #4
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Damn. Sorry about your attorney's negilgence in giving you updated information. When you filed for adjustment of status the fee is $1010 and that includes the fee for the form I-765 which will generate a work authorization card good for one year from date of issue and is renewable.

It also included the fee for form I-131 for advance parole so that you can travel outside of the US and return without abandoning your adjustment of status petition.

Since both were paid for I strongly suggest that you take your receipt for the I-485 and file the I-765 online. Once filed, you will be receiving a notice to go for biometrics so that the card can be manufactured. It takes about 90 days to receive the card in the mail.
Rete is offline  
Old Nov 4th 2008, 12:59 pm   #5
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Mickey who gave you the forms? Him or did you d/l them? Did you read the instructions on the I-485? Did you file that form? How did you enter the US?
Rete is offline  
Old Nov 4th 2008, 1:09 pm   #6
Iran / USA
Moderator
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 49,069
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Working while waiting for green card

Micky,

A *complete* AOS package consists of forms: I-485 (for adjustment of status), G-325A (biographical data), I-864 (affidavit of support), I-131 (advance parole for traveling abroad), I-765 (for employment authorization document). Depending on how you entered the USA, you also might have needed form I-130 (petition for immediate relative), and a full medical.

Sounds like your lawyer did not give you the complete AOS package information, and you missed filing the I-765 for work authorization. You can apply for it now, at no cost, and it takes about 90 days to get the EAD in hand.

Rene
__________________
K1 Journey began March 6, 2003
US Citizenship Oath April 24, 2009
Extended Immigration Timeline
Noorah101 is offline  
Old Nov 4th 2008, 1:28 pm   #7
Forum Regular
 
Joined: Apr 2008
Posts: 48
mickybrit will become famous soon enough
Default Re: Working while waiting for green card

Excuse me I'm in a mixture of emotions at the moment (the thought of going to work wants me to do a triple salco)

I came early on a normal visa waiver ( fill a form out on the plane) we were due to get married later on in the year, this original trip was to go to disney land which we did. But the lawyer told us that if I came now in March I would not be able to go back home and then back to US for 8 months which meant I would miss my own wedding ( all planned, invites out etc).

So we got married earlier and had our reception later has planned.

We saw the lawyer and he gave us the forms to fill in and medical appointment. To be honest I can't remember the name of the forms my wife as taken care of just about everything ( she's still asleep, I'm going to ask her about this when she wakes).

Anyway my family/and new inlaws kept asking when I would get my green card, so then my wife said there had been a problem with the first lawyer and she had got another lawyer from NYC who said he would charge $5000 and $1500 upfront, which we paid him 8 weeks ago.
mickybrit is offline  
Old Nov 4th 2008, 1:36 pm   #8
Forum Regular
 
Joined: Apr 2008
Posts: 48
mickybrit will become famous soon enough
Default Re: Working while waiting for green card

Quote:
Originally Posted by Noorah101 View Post
Micky,

A *complete* AOS package consists of forms: I-485 (for adjustment of status), G-325A (biographical data), I-864 (affidavit of support), I-131 (advance parole for traveling abroad), I-765 (for employment authorization document). Depending on how you entered the USA, you also might have needed form I-130 (petition for immediate relative), and a full medical.

Sounds like your lawyer did not give you the complete AOS package information, and you missed filing the I-765 for work authorization. You can apply for it now, at no cost, and it takes about 90 days to get the EAD in hand.

Rene
Unbelievable i don't know whether laugh or cry, I could have worked all this time, I lost a good job offer because it took too long to get my green card. Wages lost I've got 3 new step children (2 teens) 2 dogs and a cat I feel like Ted Bundy.

Thankyou soo much for all the info, time to wake the wife and see whats what.
mickybrit is offline  
Old Nov 4th 2008, 1:44 pm   #9
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by mickybrit View Post
Unbelievable i don't know whether laugh or cry, I could have worked all this time, I lost a good job offer because it took too long to get my green card. Wages lost I've got 3 new step children (2 teens) 2 dogs and a cat I feel like Ted Bundy.

Thankyou soo much for all the info, time to wake the wife and see whats what.

Well when your wife wakes up, have her drag out the forms. If one of them is the I-485, get yourself to the USCIS website and do the I-765 filing directly online. You will be working by end of January (if not sooner) and you will be eligible for a social security card asa you get that EAD.
Rete is offline  
Old Nov 4th 2008, 1:45 pm   #10
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,482
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by mickybrit View Post
Excuse me I'm in a mixture of emotions at the moment (the thought of going to work wants me to do a triple salco)

I came early on a normal visa waiver ( fill a form out on the plane) we were due to get married later on in the year, this original trip was to go to disney land which we did. But the lawyer told us that if I came now in March I would not be able to go back home and then back to US for 8 months which meant I would miss my own wedding ( all planned, invites out etc).
Ok, so you had planned your wedding for this year. Did you plan on remaining in the US after the wedding, or had you planned on returning to the UK? You do know that it is illegal to come to the USA, get married, and intend to remain in the US, don't you? Did you plan on getting married on your trip here in March, or did the lawyer suggest it to you after you arrived here? The answer to that is very important.

You need to find out what you guys paid for because it sounds like your lawyer hasn't been entirely forthcoming. You entered on a VWP (visa waiver) and got married. Your lawyer filed the Adjustment of Status package of forms. The price for filing AOS includes the I-765 Employment Authorization Document (EAD) to allow you to work while the AOS is being processed. The bad thing is though, it could take another 90 days for the EAD to be approved. But you've already paid for it, so you may as well fill out the form and send it in.
Bluegrass Lass is offline  
Old Nov 4th 2008, 2:00 pm   #11
Ray
Premium Member
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,034
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by mickybrit View Post
Anyway my family/and new inlaws kept asking when I would get my green card, so then my wife said there had been a problem with the first lawyer and she had got another lawyer from NYC who said he would charge $5000 and $1500 upfront, which we paid him 8 weeks ago.
$5000 .. you must have the word mug on your forehead ..
Ray is offline  
Old Nov 4th 2008, 2:15 pm   #12
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by Ray View Post
$5000 .. you must have the word mug on your forehead ..

No a bad price if it included filing fees, or if not, then his coming to the AOS interview and all copies, phone calls, emails, mailings, etc.
Rete is offline  
Old Nov 4th 2008, 2:17 pm   #13
Ray
Premium Member
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,034
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by Rete View Post
No a bad price if it included filing fees, or if not, then his coming to the AOS interview and all copies, phone calls, emails, mailings, etc.
must be you wealthy NY people ...
Ray is offline  
Old Nov 4th 2008, 2:19 pm   #14
Forum Regular
 
Joined: Apr 2008
Posts: 48
mickybrit will become famous soon enough
Default Re: Working while waiting for green card

Mmmm something doesn't seem quite right, I think I'll call a meeting with my wife and lawyer. It seems like someones are being economical with the truth.
mickybrit is offline  
Old Nov 4th 2008, 2:21 pm   #15
My Retirement Home
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 35,213
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Working while waiting for green card

Quote:
Originally Posted by mickybrit View Post
Mmmm something doesn't seem quite right, I think I'll call a meeting with my wife and lawyer. It seems like someones are being economical with the truth.

In defense of your attorney, it is likely that he is not even aware that there was a procedural change a year or so ago on the I-485. At one time, it was a stand alone petition but it now includes the I-765 and I-131. Sounds like he is unaware of this and no one ever read the instructions. You know the old saying -- RTFM
Rete is offline  
Closed Thread

Go Back   British Expats / Living & Moving Abroad / USA / US Immigration, Citizenship and Visas

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


 

All times are GMT. The time now is 7:01 am.


Powered by vBulletin: ©2000 - 2014, Jelsoft Enterprises Ltd.
© 1999-2010 BritishExpats.com