Legal Question in Immigration Law in New York
work papers
My fiance currently is on a tourist visa and we are getting married in Aug of this year. Is there anyway to get get her papers so she can work in the US prior to our marriage.
3 Answers from Attorneys
Re: work papers
No your fiance will not be able to work on a tourist visa. Assuming that you are a US Citizen once you are both married you can petition for her to become a permanent resident and during that process she will be able to apply for work authorization. To obtain the work authorization card takes approximately 90 days. If you need an immigration attorney I would be more than happy to work with you.
Re: work papers
No, it normally takes at least 90 days from the date she files her application for adjustment of status (after marriage takes place) for her to obtain an EAD. Employment without a valid EAD is unauthorized.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
Re: work papers
No, there is no way for her to get a work authorization before you get married. Your fiancee will be eligible to get her work authorization 90 days after her adjustment of status paperwork is received by USCIS. I would suggest starting to assemble the papers right now and file them with USCIS as soon as you get married. The sooner you start the process, the sooner your wife would be able to get her employment authorization, travel document and, eventually, green card. If you wish to retain an immigration attorney, I would be happy to assist you. Congratulations and good luck!
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