Working rights while waiting for I-130 and green card approval

[RachL]

My fiance is an Australian citizen and I am an US citizen. We are currently living in Australia. We will be briefly in California for a few weeks to officially get married, but then return to Australia afterwards. Is there a benefit to submitting the I-130 concurrently with the I-485 while we are still in the US? Or is it just as easy/no down side to doing this through the US consulate once we are back in Australia? Is there any way for my husband to be able to move to the US with me and for him to have working rights while we wait for the I-130 and green card application to be approved?

 

[LdiJ]

My fiance is an Australian citizen and I am an US citizen. We are currently living in Australia. We will be briefly in California for a few weeks to officially get married, but then return to Australia afterwards. Is there a benefit to submitting the I-130 concurrently with the I-485 while we are still in the US? Or is it just as easy/no down side to doing this through the US consulate once we are back in Australia? Is there any way for my husband to be able to move to the US with me and for him to have working rights while we wait for the I-130 and green card application to be approved?

I really recommend a consult with a US immigration attorney. Trying to do it without one can be problematic, particularly when you are living in another country.

I can tell you that it is possible to get a work permit while the green card is pending. Its not guaranteed, but it is possible.

 

[FlyingRon]

I agree with Ldij. You are really going to be at a disadvantage trying to do this remotely without a US based immigration attorney. While consulates and embassies do some limited immigration processing, they are not a "full service" place where you can go in and just file random forms. The forms go to all their specific lockboxes (and even in the case of the I-485 it depends just what the status change is to determine where to file). In addition to the I-130 and 485 there are other ancillary forms and fees and it's easly for a lay person to miss one of these and cause untimely delays in processing.

To answer the other question, if your fiancee is eligible for the adjustment of status (and it sounds like he is), then he is eligible to also apply for the work permit while his green card is pending.

Again, these things are no brainer's for immigration attorneys. I suggest you figure out where it is you'll likely live when you return and find an attorney near there (just makes things easier in the long run).

 

[Mass_Shyster]

My fiance is an Australian citizen and I am an US citizen. We are currently living in Australia. We will be briefly in California for a few weeks to officially get married, but then return to Australia afterwards. Is there a benefit to submitting the I-130 concurrently with the I-485 while we are still in the US? Or is it just as easy/no down side to doing this through the US consulate once we are back in Australia? Is there any way for my husband to be able to move to the US with me and for him to have working rights while we wait for the I-130 and green card application to be approved?

As others have noted, you really want to work with an immigration attorney.

If your fiance enters the US as a tourist, gets married, and files an I-130/I-485, there will be a presumption of immigration intent while entering. Immigration intent while entering is a form of immigration fraud. You don't want to go there.

 

[FlyingRon]

Mass Shyster brings up a good point I missed since you are doing this from overseas. Your attorney will need to also ask for advanced parole to let the fiancee in while the applications are pending. This shouldn't be a problem in your situation but just goes to show that you need proper legal assistance.