When someone marries a U.S. citizen and wants to live and work in the United States, they typically apply for a work permit, also known as an Employment Authorization Document (EAD). This document allows them to work legally in the U.S. while their application for a green card (permanent residency) is being processed. The process can take time, and many people wonder: how long does it really take to get a work permit after marriage to a U.S. citizen?
In this article, we will break down the steps involved in getting a work permit after marriage to a U.S. citizen, the processing times, and what factors might influence how long it takes.
Contents
Understanding the Basics of the Work Permit (EAD)
A work permit, or EAD, is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals to work legally in the United States. After marrying a U.S. citizen, foreign nationals can apply for a work permit while they wait for their green card application to be processed. This is part of the process of adjusting status from a temporary visa holder to a permanent resident (green card holder).
The process is part of the broader immigration process called adjustment of status. When you marry a U.S. citizen, you are considered an immediate relative and have a much faster path to obtaining a green card compared to other types of immigration cases.
The Steps in the Process
Before receiving a work permit, you will need to submit several applications. The main steps are as follows:
- Step 1: Submit Form I-130 (Petition for Alien Relative) Your U.S. citizen spouse needs to file a petition on your behalf. Form I-130 is the first step in proving that your marriage is legitimate. Once the USCIS approves this form, you can move on to the next steps in your immigration process.
- Step 2: File Form I-485 (Application to Adjust Status) After your I-130 petition is approved, you will need to file Form I-485 to adjust your status from a temporary visitor or non-immigrant status to a permanent resident. You can submit this form while you are still in the U.S., which is known as adjusting status without leaving the country.
- Step 3: Apply for a Work Permit (Form I-765) Along with Form I-485, you can apply for a work permit by submitting Form I-765. This form requests permission to work in the U.S. while your adjustment of status application is being processed. You do not need to wait for your green card to be approved to work legally.
- Step 4: Attend Biometrics Appointment After submitting your I-485 and I-765 applications, you will receive a notice for a biometrics appointment. This appointment involves having your fingerprints, photograph, and signature taken for background checks. The purpose is to ensure you do not have any criminal history or other issues that could affect your eligibility for a green card.
- Step 5: Wait for the Work Permit to Arrive Once your biometrics are completed, you will need to wait for USCIS to process your work permit application. If everything goes smoothly, you will receive your work permit (EAD card).
How Long Does It Take to Get a Work Permit After Marriage?
The processing time for a work permit after marriage to a U.S. citizen can vary depending on several factors, including the service center handling your case, your personal situation, and the current backlog of applications. However, on average, it can take anywhere from 3 to 6 months for USCIS to process your work permit application.
Here’s a breakdown of the timeline:
- I-130 Processing: The time it takes for USCIS to approve Form I-130 can vary, but it typically takes around 6 to 12 months. If you’re applying for a green card through marriage, your case may be processed faster because U.S. citizens’ immediate relatives have priority.
- I-485 and I-765 Processing: Once you file Form I-485 (adjustment of status) and Form I-765 (work permit), the average processing time for the work permit can range from 3 to 6 months. In some cases, it can be faster or slower, depending on your location and the specific USCIS service center that is handling your application.
- Expedited Processing: In certain cases, you may be able to request expedited processing for your work permit application. This might be possible if you can prove you have urgent reasons for needing to work, such as financial hardship or humanitarian needs. However, expedited processing is not guaranteed and is typically granted on a case-by-case basis.
Factors That Affect the Processing Time
Several factors can impact how long it takes to get a work permit after marriage to a U.S. citizen. These include:
- Backlogs at USCIS: Processing times can be longer if there is a backlog of cases at the USCIS service center handling your application. Backlogs are common in certain areas, particularly when there are a large number of applications.
- Completeness of Your Application: If your application is missing any documents or contains errors, this can delay the processing of your work permit. It’s important to double-check that all forms are filled out correctly and that you’ve included all necessary supporting documents, such as proof of your marriage.
- Your Background: If you have a complicated immigration history or criminal record, your case might take longer to process as USCIS will need to conduct additional background checks or request further documentation.
- Location and Service Center: Processing times can also vary depending on the USCIS service center where your case is being processed. Some centers are faster than others.
Can You Work While Waiting for Your Work Permit?
If you marry a U.S. citizen and are applying for a work permit, you generally cannot work in the U.S. until your work permit is approved. However, you may be able to apply for permission to work if you have an urgent need. If you are in the U.S. under a different visa, you may be able to work while your application is pending, depending on the terms of your visa.
It’s important to follow the legal guidelines and avoid working illegally, as doing so could negatively impact your green card application.
After You Get Your Work Permit
Once you receive your work permit, you can legally work in the United States while your green card application is pending. This EAD card is typically valid for one or two years, depending on your situation. As your green card application continues to be processed, you will eventually be scheduled for an interview to finalize your green card approval.
If your green card is approved, your work permit will no longer be necessary, and you will be able to work permanently in the U.S. as a lawful permanent resident.
Conclusion
Getting a work permit after marrying a U.S. citizen is a key step in the process of obtaining a green card and living and working legally in the United States. While the timeline can vary, most people can expect to wait about 3 to 6 months to receive their work permit once they’ve submitted all required forms and documents. However, be prepared for potential delays and always ensure that your application is complete and accurate to avoid unnecessary setbacks.
By following the necessary steps and understanding the process, you can ensure that you’re on the right path to living and working in the U.S. legally after marrying a U.S. citizen.