Marriage and EAD card

[defulio]

What is the name of your state? Florida

Hi. My American boyfriend and I are getting married at the beginning of March, almost exactly 90 days before my OPT authorization expires. I want to be sure of the time line for the change of status process. As I understand it, we will need to file a whole bunch of documents immediately after the wedding.

Form I-765
Form I-130
Form I-485

Does the 90 days processing time for my new EAD card begin from the moment that paperwork is received, or do we have to wait for a marriage interview before the 90 day processing period starts? Either way, what is the typical wait for a marriage interview in Florida?

I have two additional questions about the EAD card.
1st: Does it carry a weekly limit of 40hrs a week like the OPT authorization?
2nd: Am I allowed to be self employed?

Thanks for your help

 

[ImmigAttyLana]

The 90-day wait is from the date of filing. You can be self-employed and there are no conditions on full-time employment. In fact you do not have to work at all if you do not want to. The EAD simply gives you authorization to do so. As for the processing times, they vary from office to office so without knowing with which office in Florida you would be filing, this is impossible to say.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[defulio]

Still confused by definition of 'date of filing'

Thanks Lana, we appreciate this. I am still a little fuzzy on the definition of the 'date of filing' though. Again, does it mean,

1) the date the paperwork is first received from us, immediately following the marriage, prior to the marriage interview

OR

2) following the marriage interview and the (hopefully associated) approval?

In other words, do they file the papers prior to the marriage interview approval, or after?

Thanks again

 

[ImmigAttyLana]

The date of filing is the date your application for permanent residence, along with the application for employment authorization, is received by the USCIS local office NOT the date of the interview. The whole idea, of course, is to allow you to work with valid authorization WHILE your application is pending with USCIS before the interview.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[defulio]

Thanks so much. You are so very, very helpful