marymiss22

Hi,
Does anyone know how long it takes after getting married in the US for
my spouse to get a work permit in california? We are planning for him
to come here as a tourist (he is from the EU), get married and then go
back and wait in is home country until the work permit is issued. We
just don't have any idea how long that could possibly take...
Any response and/or suggetions are highly appreciated :-)
-mary

Noorah101

> Hi,
> Does anyone know how long it takes after getting married in the US for
> my spouse to get a work permit in california? We are planning for him
> to come here as a tourist (he is from the EU), get married and then go
> back and wait in is home country until the work permit is issued. We
> just don't have any idea how long that could possibly take...
> Any response and/or suggetions are highly appreciated :-)
> -mary

Hi Mary,

What you are proposing to do doesn't add up. Once you get married in
the USA, he will go back to his country for visa processing. If he
arrives in the USA on an Immigrant Visa (after you submit the I-130 in
the USA), he will be a PR upon entry, and work authorized from Day 1, so
no waiting.

If he arrives on a K-3 (after you submit an I-129F in the USA, after the
I-130), then you can apply for an EAD (work permit) via form I-765,
which takes about 3 months to receive.

So basically, if he enters on Immigrant Visa...no waiting. If he enters
on K-3, about 3 months after application for EAD.

What you mentioned about him going back to his home country just to wait
for a work permit isn't something that can happen.

Rene

Ian-Mstm

> Hi,
> Does anyone know how long it takes after getting married in the US for
> my spouse to get a work permit in california? We are planning for him
> to come here as a tourist (he is from the EU), get married and then go
> back and wait in is home country until the work permit is issued. We
> just don't have any idea how long that could possibly take...
> Any response and/or suggetions are highly appreciated :-)
> -mary

There are several problems with your plan.

Once he is married, and he leaves the US... he'll need a visa (usually a
spousal visa) to return to the US - and that's going to take a while...
anywhere from 6 to 10 months.

Alternately, he can file to adjust status in the US once he's married
but, again, he'll have to file for and receive advance parole before
leaving the US. He can also file for employment authorization at the
same time. The monkey wrench in all that, however, is that it is illegal
to enter the US with the intent to marry and stay to adjust status.

Why don't you just petition for a fiancee visa for him and, once it's
issued (usually about 4 months), he can enter the US, you guys can get
married, and file for adjustment and stuff, and he doesn't need to leave
the US after that. It's usually quicker... and safer!

And, of course, this is all on the assumption that you are a US citizen.
If you're not... it's going to take a lot longer.

Ian

Noorah101

> Hi,
> Does anyone know how long it takes after getting married in the US for
> my spouse to get a work permit in california? We are planning for him
> to come here as a tourist (he is from the EU), get married and then go
> back and wait in is home country until the work permit is issued. We
> just don't have any idea how long that could possibly take...
> Any response and/or suggetions are highly appreciated :-)
> -mary

Mary, you said: We are planning for him to come here as a tourist (he
is from the EU), get married and then go back and wait in is home
country until the work permit is issued.

What you should be saying is: We are planning for him to come here as a
tourist (he is from the EU), get married and then go back and wait in is
home country until the visa is issued.

Rene

Meauxna

> Hi,
> Does anyone know how long it takes after getting married in the US for
> my spouse to get a work permit in california? We are planning for him
> to come here as a tourist (he is from the EU), get married and then go
> back and wait in is home country until the work permit is issued. We
> just don't have any idea how long that could possibly take...
> Any response and/or suggetions are highly appreciated :-)
> -mary

Mary: which EU country?

marymiss22

Ok, let me clarify:
He is french. I am american. Basically, we want the fastest way that
allows him to get a job here, and he does not want to have to be here
while he cannot work (and get bored at home!). So, we'd like to start
the process and have him go back to france and continue his life there
while the work permit is being processed. Depending on how long this
will take, he may just come back to the US to visit me as a tourist
again for just a few days. He has no intention of staying here for more
than a few days while he cannot work.
So, I guess my question is: how long does it take to get the work
permit and the cisa from the time I petition for him to come here on an
immigrant visa?
Problem with the fiance visa is that INS says that the work permit is
not going to be issued in the 90 days period, and given that he does
not need a visa to come here as a tourist under the waiver law, and
that we have to file a petition for an immigrant visa after the
marriage, I don't see the point of getting him a fiance visa, specially
since he does not want to stay here and wait. Confusing, confusing, I
know! that is why I am asking!
thanks :-)

wrote:
> Hi,
> Does anyone know how long it takes after getting married in the US for
> my spouse to get a work permit in california? We are planning for him
> to come here as a tourist (he is from the EU), get married and then go
> back and wait in is home country until the work permit is issued. We
> just don't have any idea how long that could possibly take...
> Any response and/or suggetions are highly appreciated :-)
> -mary

Noorah101

> Ok, let me clarify:
> He is french. I am american. Basically, we want the fastest way that
> allows him to get a job here, and he does not want to have to be here
> while he cannot work (and get bored at home!). So, we'd like to start
> the process and have him go back to france and continue his life there
> while the work permit is being processed. Depending on how long this
> will take, he may just come back to the US to visit me as a tourist
> again for just a few days. He has no intention of staying here for
> more
> than a few days while he cannot work.
> So, I guess my question is: how long does it take to get the work
> permit and the cisa from the time I petition for him to come here on
> an
> immigrant visa?
> Problem with the fiance visa is that INS says that the work permit is
> not going to be issued in the 90 days period, and given that he does
> not need a visa to come here as a tourist under the waiver law, and
> that we have to file a petition for an immigrant visa after the
> marriage, I don't see the point of getting him a fiance visa,
> specially
> since he does not want to stay here and wait. Confusing, confusing, I
> know! that is why I am asking!
> thanks :-)
>
> wrote:
> > Hi,
> > Does anyone know how long it takes after getting married in the US
> > for
> > my spouse to get a work permit in california? We are planning for
> > him
> > to come here as a tourist (he is from the EU), get married and then
> > go
> > back and wait in is home country until the work permit is issued. We
> > just don't have any idea how long that could possibly take...
> > Any response and/or suggetions are highly appreciated :-)
> > -mary

Hi Mary,

OK, I see your point now. The only way to avoid the 90-day waiting
period for work authorization, is to file an I-130 in the USA, which
will lead to his Immigrant Visa in France. You probably are looking at
around 6 to 8 months or so, from time of filing the I-130 until the time
he gets his visa.

The only visa he can enter the USA with, and have immediate work
authorization, is the CR-1 Immigrant Visa, which is what he'll get from
you filing the I-130. Don't even bother going for the K-3, since with
that he would still need to wait 90 days for work authorization.

So get married in the USA, file the I-130, enjoy his visit here, and
then he will return to France before his 90-day visit is over. If he
wants to come visit again while the I-130 is being processed, make sure
he brings ties to France with him to show at the POE, showing that he
doesn't intend to immigrate on that trip.

Hope that helps!
Rene

Ian-Mstm

> Ok, let me clarify:
> He is french. I am american. Basically, we want the fastest way that
> allows him to get a job here, and he does not want to have to be here
> while he cannot work (and get bored at home!). So, we'd like to start
> the process and have him go back to france and continue his life there
> while the work permit is being processed. Depending on how long this
> will take, he may just come back to the US to visit me as a tourist
> again for just a few days. He has no intention of staying here for
> more
> than a few days while he cannot work.
> So, I guess my question is: how long does it take to get the work
> permit and the cisa from the time I petition for him to come here on
> an
> immigrant visa?
> Problem with the fiance visa is that INS says that the work permit is
> not going to be issued in the 90 days period, and given that he does
> not need a visa to come here as a tourist under the waiver law, and
> that we have to file a petition for an immigrant visa after the
> marriage, I don't see the point of getting him a fiance visa,
> specially
> since he does not want to stay here and wait. Confusing, confusing, I
> know! that is why I am asking!
> thanks :-)
>
> wrote:
> > Hi,
> > Does anyone know how long it takes after getting married in the US
> > for
> > my spouse to get a work permit in california? We are planning for
> > him
> > to come here as a tourist (he is from the EU), get married and then
> > go
> > back and wait in is home country until the work permit is issued. We
> > just don't have any idea how long that could possibly take...
> > Any response and/or suggetions are highly appreciated :-)
> > -mary

You still seem to be confused. There is no work permit to process unless
one of two things happen - 1) he gets an immigrant visa to enter the US
as the spouse of a US citizen and he can work from day one when he
enters the US... or, at least, after he gets a SS# and that'll take
about 2 weeks; or 2) he gets a non-immigrant visa to enter the US as the
spouse of a US citizen and he *then* applies to adjust his status and
applies for a work permit at the same time... and he still needs a SS#.



Your understanding is a bit skewed. A K-1 (fiancee visa) beneficiary
is authorized to work from the day he enters the US. True, he'll
need a SS# and that'll take about 2 weeks, but after that he's fine.
You guys get married ASAP and he applies right away for a new
employment authorization at the same time he applies to adjust his
status... and unauthorized employment is usually forgiven for the
spouse of a US citizen.

You talk a lot about what he wants... how he doesn't want to be bored in
France, how he wants to work in the US... and how difficult it will be
for him to wait. Well, y'know... he can't have it both ways. It sounds
like you're trying to find some middle ground here... but it doesn't
exist. If he wants to live and work in the US *and* marry a US citizen,
there's only so many ways to accomplish this.

Ian

Noorah101

> You still seem to be confused. There is no work permit to process
> unless one of two things happen - 1) he gets an immigrant visa to
> enter the US as the spouse of a US citizen and he can work from day
> one when he enters the US... or, at least, after he gets a SS# and
> that'll take about 2 weeks; or 2) he gets a non-immigrant visa to
> enter the US as the spouse of a US citizen and he *then* applies to
> adjust his status and applies for a work permit at the same time...
> and he still needs a SS#.
>
>
>
> Your understanding is a bit skewed. A K-1 (fiancee visa) beneficiary
> is authorized to work from the day he enters the US. True, he'll need
> a SS# and that'll take about 2 weeks, but after that he's fine. You
> guys get married ASAP and he applies right away for a new employment
> authorization at the same time he applies to adjust his status... and
> unauthorized employment is usually forgiven for the spouse of a US
> citizen.
>
> You talk a lot about what he wants... how he doesn't want to be bored
> in France, how he wants to work in the US... and how difficult it will
> be for him to wait. Well, y'know... he can't have it both ways. It
> sounds like you're trying to find some middle ground here... but it
> doesn't exist. If he wants to live and work in the US *and* marry a US
> citizen, there's only so many ways to accomplish this.
>
> Ian

I didn't mention the fiance visa because it seems difficult to find
employment without the proof (temp EAD stamp) anyway. If they want the
SURE thing, the spouse visa is the way to go.

Rene

Ian-Mstm

> I didn't mention the fiance visa because it seems difficult to find
> employment without the proof (temp EAD stamp) anyway. If they want
> the SURE thing, the spouse visa is the way to go.
>
> Rene

Yah... I threw that in mostly to correct the misconception rather than
to suggest a definitive course of action!

Ian