Can I work in the US while I am waiting for my marriage green card to be approved?
The ability to work in the U.S. while waiting for your marriage green card to be approved depends on your immigration status and whether you have applied for an Employment Authorization Document (EAD).
If you are already in the U.S. and have filed Form I-485, Application to Register Permanent Residence or Adjust Status, along with your marriage green card application, you may be eligible to apply for an Employment Authorization Document (EAD) concurrently. This document, commonly referred to as a work permit, allows you to work legally in the United States while your green card application is pending.
To apply for an EAD, you need to file Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS). If your EAD application is approved, you will receive a card that allows you to work for a specified period, typically one year. You can apply for renewal if your green card application is still pending after the initial EAD expires.
It’s essential to note that you cannot work in the U.S. without proper work authorization. If your green card application is pending, and you haven’t received your EAD, you must wait until the EAD is approved before accepting any employment in the U.S.
If you are outside the U.S. and are waiting for your marriage green card application to be processed through consular processing at a U.S. embassy or consulate in your home country, you cannot work in the U.S. until you enter the country with the approved immigrant visa and receive your physical green card.
As immigration regulations can change, and individual circumstances may vary, it’s advisable to consult with an immigration attorney or accredited representative for personalized guidance regarding your specific case and eligibility for employment while waiting for your marriage green card.
How soon after marriage to a US citizen can I apply for a green card?
If you marry a U.S. citizen, you can apply for a green card as a spouse immediately after the marriage takes place. There is no mandatory waiting period before you can initiate the green card application process.
The first step in applying for a marriage-based green card is for the U.S. citizen spouse to file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. This form establishes the qualifying relationship between the couple as a married couple. Once the I-130 petition is approved, the foreign spouse can move on to the next steps in the green card application process.
If the foreign spouse is already in the United States, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-130 petition. This allows them to apply for a green card and adjustment of status at the same time.
If the foreign spouse is outside the United States, they will need to go through consular processing at a U.S. embassy or consulate in their home country. The National Visa Center will process the case, and the foreign spouse will attend an immigrant visa interview at the U.S. embassy or consulate after the I-130 petition is approved.
It’s important to note that while there is no waiting period after marriage to apply for a green card, the overall processing time can vary depending on factors such as the USCIS workload, the complexity of the case, and the U.S. embassy or consulate’s processing times if consular processing is required. It’s advisable to begin the application process as soon as possible after marriage to initiate the green card process promptly.
What are the minimum income requirements for a marriage green card?
The income requirements for a marriage green card, also known as the Affidavit of Support, vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident (LPR).
For U.S. citizens sponsoring their foreign spouse:
The U.S. citizen spouse must meet the income requirements by demonstrating that their income is at least 125% of the Federal Poverty Guidelines for their household size. The household size includes the U.S. citizen sponsor, the foreign spouse, and any other dependents listed on the sponsor’s tax return.
For example, if the U.S. citizen sponsor is married with no dependents, they need to show an income that is at least 125% of the poverty guidelines for a household of two.
However, if the U.S. citizen sponsor is in the military and sponsoring their spouse, they only need to meet the 100% of the Federal Poverty Guidelines instead of 125%.
For Lawful Permanent Residents (LPR) sponsoring their foreign spouse:
LPRs can also sponsor their spouse for a green card, but they must meet a higher income requirement. LPR sponsors need to demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, just like U.S. citizen sponsors.
It’s essential to consider that if the sponsoring spouse’s income does not meet the required threshold, they may still be able to obtain a joint sponsor. A joint sponsor is someone who meets the income requirements and is willing to take legal responsibility for financially supporting the foreign spouse.
The Affidavit of Support (Form I-864) is a legally binding contract in which the sponsor agrees to financially support the foreign spouse and prevent them from becoming a public charge. The income requirements ensure that the intending immigrant is not likely to rely on means-tested public benefits in the U.S.
Keep in mind that immigration regulations may change, and the income requirements might be updated over time. It’s essential to check the U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney or accredited representative for the most current and accurate information regarding income requirements for the marriage green card application.
How much does it cost to apply for a marriage green card?
The cost of applying for a marriage green card can vary depending on several factors, including the specific forms you need to file, whether you are adjusting status in the U.S. or going through consular processing, and whether you are applying from within the U.S. or from abroad.
As of my last knowledge update in September 2021, here are some of the common fees associated with the marriage green card application:
- Form I-130, Petition for Alien Relative: $560 – This is the filing fee for the U.S. citizen or permanent resident spouse to petition for their foreign spouse.
- Form I-485, Application to Register Permanent Residence or Adjust Status: $1,140 – This is the filing fee for the adjustment of status application if the foreign spouse is already in the U.S.
- Biometrics Fee: $85 – This fee covers the cost of fingerprinting and background checks, which is usually required for both the I-485 application and the I-765 (EAD) application.
- Form I-864, Affidavit of Support: There is no filing fee for Form I-864, but it is a critical component of the application. The U.S. citizen or permanent resident spouse must demonstrate their ability to financially support the intending immigrant.
- Form I-131, Application for Travel Document (Advance Parole) (if applicable): $575 – This fee is for applying for permission to travel outside the U.S. while the adjustment of status application is pending.
- Form I-765, Application for Employment Authorization (if applicable): $550 – This fee is for applying for an Employment Authorization Document (EAD) or work permit, which allows the foreign spouse to work in the U.S. while the green card application is pending.
For consular processing (applying from outside the U.S.), the fees may vary, and additional fees for medical examinations and visa processing at the U.S. embassy or consulate will apply.
It’s important to note that USCIS fees are subject to change, and you should check the USCIS website or consult with an immigration attorney or accredited representative for the most up-to-date fee information before submitting your application. Additionally, there may be other costs associated with obtaining supporting documents and translations, as well as potential attorney fees if you choose to seek legal assistance.