Fiancee Visa Kit

Work Authorization

Also known as “Permission to Work” the I-765 can be filed prior to marriage, but there is a chance it will be held until the marriage is decided, since permission to work is not the same as permission to stay in the US. You will also be required to re-apply for a new authorization after the marriage since the conditions of your wife’s stay in the US have changed. The typical processing time is between 2 and 3 months, and once granted the card is good for one year. The Immigration Form I-765 is not a complicated form, in fact it’s 10 pages of instructions and only 1 page for the form but it does require a few additional items to be processed smoothly. For example, photos are required just as they were with the K-1 application. You will also be asked for a copy of the I-94 which is placed in her Passport upon entry to the US. A copy of the Adjustment of Status form is also required as these applications usually follow each other or are filed at the same time.

Note: It’s recommended that you wait until after the marriage to apply for the Employment Authorization due to the waiting time and requirements to resubmit your application after marriage. Since Adjustment of Status proceeds Work Authorization in the natural flow of events, the USCIS is more accustomed to approving Employment Authorization after the Status Adjustment has been submitted. You will however, receive work Authorization before your Adjustment of Status is approved.

 

Advanced Parole

The I-131 Application for Travel Document is required before your fiancé or spouse leaves the country unless they have a her green card. Since the green card or Adjustment of Status takes a great deal of time, you will need to submit the I-131 to protect your spouses re-entry to the United States should they take a trip outside the US Borders. (The Fiancé visa is a one time only entrance to the US)

Note: If your spouse leaves the US without a travel document, it will be viewed as abandonment of their adjustment of status and they will not be permitted to re-enter the US. Correcting this issue will have to be done from their home country and can be very difficult to resolve.