Can my alien wife work w/o a greencard?
Feb 1st 2001, 1:22 am
#1
Guest
Posts: n/a
HI
I'm wondering if what kind of benefits my future wife would received once we're married. I
don't know what do I have to do but I guess I can search around and find out; however,
these are what I really need someone to answer specificly. Thank you.
1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would she's
considered an "MD resident" and be able to go go to school as an in-state student.
(Right away? or Until greencard's received)
2.) She's out of status. Would that make any different in waiting time for getting a
greencard? Is it true that it would take about 2-3 years to get a greencard for her?
3.) For the period of 3 years while she has to wait for her greencard, would she be able
to work at all? Would she be able to get some sorts of working permit or something? (for
a full time employment)
4.) As soon as we're married and while she's waiting for her greencard, can she get a Visa
for traveling? (If she needs to go out and come back)
Thank you for your time reading this message.
J.Young [email protected]
I'm wondering if what kind of benefits my future wife would received once we're married. I
don't know what do I have to do but I guess I can search around and find out; however,
these are what I really need someone to answer specificly. Thank you.
1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would she's
considered an "MD resident" and be able to go go to school as an in-state student.
(Right away? or Until greencard's received)
2.) She's out of status. Would that make any different in waiting time for getting a
greencard? Is it true that it would take about 2-3 years to get a greencard for her?
3.) For the period of 3 years while she has to wait for her greencard, would she be able
to work at all? Would she be able to get some sorts of working permit or something? (for
a full time employment)
4.) As soon as we're married and while she's waiting for her greencard, can she get a Visa
for traveling? (If she needs to go out and come back)
Thank you for your time reading this message.
J.Young [email protected]
Feb 1st 2001, 1:46 am
#2
Guest
Posts: n/a
HI
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I can search around and find out;
Dont need to search. Read the material that pertains to spouses of US citizens in the
following sites:
http://www2.apex.net/users/thehydes/
http://www.ins.usdoj.gov
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I can search around and find out;
Dont need to search. Read the material that pertains to spouses of US citizens in the
following sites:
http://www2.apex.net/users/thehydes/
http://www.ins.usdoj.gov
Feb 1st 2001, 2:15 am
#3
Guest
Posts: n/a
HI
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I
can
> search around and find out; however, these are what I really need someone to answer
> specificly. Thank you.
>
> 1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would
> she's considered an "MD resident" and be able to
go go to school as an in-state student. (Right away? or Until greencard's received)
Depends on the school. Each one has their own policy.
>
> 2.) She's out of status. Would that make any different in waiting
time
> for getting a greencard? Is it true that it would take about 2-3 years to get a
> greencard for her?
>
If she is really out of status and here illegally (what does her I-94 say?), it does not
make a difference in wait time. It is the same for all adjusters based on marriage
regardless of their status for that particular filing jurisdiction. You would have to file
her I-130 and I- 485 at the Vermont Service Center and along with that her I-765 for
permission to work and a few other documents like an affidavit of support from you.
> 3.) For the period of 3 years while she has to wait for her greencard, would she be able
> to work at all? Would she be able to get some sorts of working permit or something?
> (for a full time employment)
>
Yes that would be the I-765 and it is good for one year once issued and has to be renewed
90 days before its expiration.
> 4.) As soon as we're married and while she's waiting for her
greencard,
> can she get a Visa for traveling? (If she needs to go out and come back)
No ... if she is out of status for 180 days or over, even if INS makes a mistake and
grants her advance parole she would be subject to a 3 to 10 year ban from entering the US.
The length of time depends on the amount of time she is out of status. Out of status from
180 days to one year is 3 year ban. Over one year is a 10 year ban.
Read the URL's that onigri gave you. They are quite explicit and very helpful.
Rita
>
> Thank you for your time reading this message.
>
> J.Young [email protected]
>
>
--
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I
can
> search around and find out; however, these are what I really need someone to answer
> specificly. Thank you.
>
> 1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would
> she's considered an "MD resident" and be able to
go go to school as an in-state student. (Right away? or Until greencard's received)
Depends on the school. Each one has their own policy.
>
> 2.) She's out of status. Would that make any different in waiting
time
> for getting a greencard? Is it true that it would take about 2-3 years to get a
> greencard for her?
>
If she is really out of status and here illegally (what does her I-94 say?), it does not
make a difference in wait time. It is the same for all adjusters based on marriage
regardless of their status for that particular filing jurisdiction. You would have to file
her I-130 and I- 485 at the Vermont Service Center and along with that her I-765 for
permission to work and a few other documents like an affidavit of support from you.
> 3.) For the period of 3 years while she has to wait for her greencard, would she be able
> to work at all? Would she be able to get some sorts of working permit or something?
> (for a full time employment)
>
Yes that would be the I-765 and it is good for one year once issued and has to be renewed
90 days before its expiration.
> 4.) As soon as we're married and while she's waiting for her
greencard,
> can she get a Visa for traveling? (If she needs to go out and come back)
No ... if she is out of status for 180 days or over, even if INS makes a mistake and
grants her advance parole she would be subject to a 3 to 10 year ban from entering the US.
The length of time depends on the amount of time she is out of status. Out of status from
180 days to one year is 3 year ban. Over one year is a 10 year ban.
Read the URL's that onigri gave you. They are quite explicit and very helpful.
Rita
>
> Thank you for your time reading this message.
>
> J.Young [email protected]
>
>
--
The K1 FAQ is now at http://www.k1faq.com www2.apex.net/users/thehydes
Feb 2nd 2001, 9:36 pm
#4
Guest
Posts: n/a
HI
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I
can
> search around and find out; however, these are what I really need someone to answer
> specificly. Thank you.
My case is somewhat similar. I've lived in US for several years when I met my (now)
husband. After we got married, we filed AOS. I'm trying to maintain the details on my web
site (www.geocities.com/marjetika). Follow the links for "My AOS experience" and "Contents
of my AOS package".
> 1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would
> she's considered an "MD resident" and be able to
go
> go to school as an in-state student. (Right away? or Until greencard's received)
Most MD schools give in-state status to spouses of US citizens who are MD residents.
> 2.) She's out of status. Would that make any different in waiting
time
> for getting a greencard? Is it true that it would take about 2-3 years to get a
> greencard for her?
So, she was in-status and then she stopped going to school? If that's the case, she
becomes legal as soon as you file I-130 and I-485.
> 3.) For the period of 3 years while she has to wait for her greencard, would she be able
> to work at all? Would she be able to get some sorts of working permit or something?
> (for a full time employment)
My husband filed for my in December 1999 and we have our interview next week (keep your
finges crossed for us, please!!!), so that's a little over a year. However, times change.
Now they claim it can take up to 770 days...
Anyway, if you look at my AOS package, you will see application for a work permit.
After you mail the whole package to Vermont, it will take about 3-4 months for her to get
an EAD (work permit card). Then she can immediatelly start working.
> 4.) As soon as we're married and while she's waiting for her
greencard,
> can she get a Visa for traveling? (If she needs to go out and come back)
Explain more details about her being out of status.
> Thank you for your time reading this message.
Good luck!
Marjeta
>
> I'm wondering if what kind of benefits my future wife would received once we're married.
> I don't know what do I have to do but I guess I
can
> search around and find out; however, these are what I really need someone to answer
> specificly. Thank you.
My case is somewhat similar. I've lived in US for several years when I met my (now)
husband. After we got married, we filed AOS. I'm trying to maintain the details on my web
site (www.geocities.com/marjetika). Follow the links for "My AOS experience" and "Contents
of my AOS package".
> 1.) She's been in US (MD) for over 5 years (with F-1) once we're married, when would
> she's considered an "MD resident" and be able to
go
> go to school as an in-state student. (Right away? or Until greencard's received)
Most MD schools give in-state status to spouses of US citizens who are MD residents.
> 2.) She's out of status. Would that make any different in waiting
time
> for getting a greencard? Is it true that it would take about 2-3 years to get a
> greencard for her?
So, she was in-status and then she stopped going to school? If that's the case, she
becomes legal as soon as you file I-130 and I-485.
> 3.) For the period of 3 years while she has to wait for her greencard, would she be able
> to work at all? Would she be able to get some sorts of working permit or something?
> (for a full time employment)
My husband filed for my in December 1999 and we have our interview next week (keep your
finges crossed for us, please!!!), so that's a little over a year. However, times change.
Now they claim it can take up to 770 days...
Anyway, if you look at my AOS package, you will see application for a work permit.
After you mail the whole package to Vermont, it will take about 3-4 months for her to get
an EAD (work permit card). Then she can immediatelly start working.
> 4.) As soon as we're married and while she's waiting for her
greencard,
> can she get a Visa for traveling? (If she needs to go out and come back)
Explain more details about her being out of status.
> Thank you for your time reading this message.
Good luck!
Marjeta
