^Realself^

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When filing from abroad to bring a spouse back with you, when the
processing is said and done, will the spouse have work authorization?

I am asking becuase he has another viable visa he can enter on
(student) and work under through an academic program, but if we file
the I-130 then he cannot work until we get the rest of the processing
done in the US (which we cannot do--he needs to be able to work
because currently I cannot). I am trying to decide, this being a
major criteria, wether to take advantage of the sweet situation we
have in filing here, or go the slow tedious route and apply when we
get back to the US.

Thanks!

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Ironporer

Originally posted by ^Realself^
    >
    > When filing
from abroad to bring a spouse back with you, when the
    > processing is
said and done, will the spouse have work authorization?
    >
    > I am asking
becuase he has another viable visa he can enter on
    > (student) and work
under through an academic program, but if we file
    > the I-130 then he
cannot work until we get the rest of the processing
    > done in the US
(which we cannot do--he needs to be able to work
    > because currently I
cannot). I am trying to decide, this being a
    > major criteria, wether
to take advantage of the sweet situation we
    > have in filing here, or go
the slow tedious route and apply when we
    > get back to the US.
    >
Thanks!
    >
    >

Normally a spouse receives their green card
within a month entering, after filing the I-130 at the embassy and
getting the visa.

KimJ

Originally posted by ironporer
    > Normally a spouse
receives their green card within a month entering, after filing the I-
130 at the embassy and getting the visa.


Except that if you
can't fulfill the Affidavit of Support obligations you probably won't
get the visa to begin with. If you don't meet the poverty guidelines
(don't have employment or enough assets to satisfy the guidelines), then
you'll need a co-sponsor.

That being said, he will be able to work
with the green card.

Meauxna

Originally posted by ^Realself^
    > I am asking becuase he
has another viable visa he can enter on
    > (student) and work under
through an academic program, but if we file
    > the I-130 then he cannot
work until we get the rest of the processing
    > done in the US (which we
cannot do--he needs to be able to work
    > because currently I cannot).


Your other posts state that you are filing DCF (Immigrant
Visa processing, all done abroad). What processing do you expect in the
US?

Entry with an Immigrant Visa gets a stamp I-551 in the passport.
This is proof of Permanent Resident status. The more mobile form of
this proof arrives 1-12 months later in the form of a Green Card.
Permanent Residents have full work and travel permission.

IE: When my
spouse entered the US with his Immigrant Visa, he was eligible to work
from Day One.

Sounds like your I-864 will be an interesting challenge!

Best wishes.