SanDiegogirl

If one enters the US on the VWP and, on the spur of the moment, gets married, and then applies for Adjustment of Status, can one work during the time one is waiting for a decision? I know that you can apply for the EAD as part of the AOS but does the fact you have applied for the EAD allow you to work in the meantime?

An acquaintance says you can, but I did not think you could. It does not sound fair to all those folks who wait patiently outside the country for their visas.

If one can work, isn't that condoning/supporting these folks taking the short cut?

Does the AOS usually take longer or shorter than applying for a visa from your home country "the proper way"

Sorry, for these basic questions, but my acquaintance has put some doubts in my mind.

RICH

No, you cannot work (legally) without an EAD in hand.

ian-mstm

No.


He's wrong.


Yes... which is to say, it can be both slower and quicker.

Ian

jeffreyhy

Note that getting married on the spur of the moment and applying to adjust status is a 'proper way'. The INA says so.

Regards, JEff

Noorah101

No. You actually have to have the EAD in hand in order to work legally.

Shorter, usually. A typical AOS case takes about 6 months (from filing AOS to getting AOS interview date). A K-1 or Immigrant Visa typically takes about 8 to 10 months (from filing petition to getting visa interview date).

The biggest issue is that one is not supposed to misrepresent themselves as a tourist at the POE, if their real intent is to stay and file AOS. Of course some people do change their minds after entering the USA, and they are allowed to do that.

Rene