Wife: green card, husband: F1 visa?
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Wife: green card, husband: F1 visa?
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i have a green card and my husband and i just got married, he has a student visa. after filing the appropriate forms is he eligible for employment authorization?
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George L
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No, not anytime soon. You'd have to file an I-130 immigrant petition for him, but that petition, an F2a, won't be valid for use for 5 years. Until the petition is current, it doesn't provide any immigration benefits. You can apply for adjustment of status, but he won't be approved until a visa is available and that will be 5 years from now, unless you become a citizen before then. Until then, he's also not eligible for employment authorization. so, he'd have to find some other way to qualify for work authorization. |
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nena_en_austin
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Yes if you submit the appropriate forms |
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adam
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Yes. If he has met prima facia eligibility to adjust status (Form I-485) he can get an EAD (Employment Authorization Document--Form I-765) while his 485 is pending. He will be classifed as a C09 Employment Authorization which means that he is pending adjustment of status. The 485, 765 and 131 are now purchased all together. 131 is a travel document so he can leave the country and come back in, if he should so desire. |
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