Working whilst waiting for I-130/I-485/I-601 application

[ebm76]

Hello,

I am going to enter the US under my B1/B2 visa to get married to my US girlfriend.
After filing the I-130, I-485 and I-601 applications, can I file immediately the I-765 (EAD working permit)?
Or how long do I have to wait until I can legally work?
Cause it's hard if I need to wait for all the applications to be accepted.

Thank you

[inadmissible]

You can work with authorization when your I-765 is approved, typically 3 to 4 months after application. If you work without authorization it will not impact your application to adjust status to that of a permanent resident.

However, I'm skeptical that you'll be granted admission to the United States in the first place. What do you plan to tell the border agent at the port of entry, when he asks you about your plans for your visit to the United States?

I'm not sure why you mention form I-601. If you are inadmissible you won't be granted admission to the United States on a non-immigrant visa absent a 212(d)(3) waiver

[ebm76]

You can work with authorization when your I-765 is approved, typically 3 to 4 months after application. If you work without authorization it will not impact your application to adjust status to that of a permanent resident.

However, I'm skeptical that you'll be granted admission to the United States in the first place. What do you plan to tell the border agent at the port of entry, when he asks you about your plans for your visit to the United States?

I'm not sure why you mention form I-601. If you are inadmissible you won't be granted admission to the United States on a non-immigrant visa absent a 212(d)(3) waiver

About the work: After filing I-130 and I-485, can I file immediately I-765? I mean, I guess I have to wait to get the actual working permission as without nobody would employ me as well as it would be illegal.

As for the entering the US, I got a B1/B2 Visa and would enter it with it, telling the CBP that I intend to marry my girlfriend, a US citizen and hope I can get the 6 months on my Visa.
I guess I don't need to file for a K1 Visa.
As for the I-601, unfortunately when I filed for my B1/B2 Visa in 2012, I didn't mention that I had some minor offences when I was young, as they are 18 years ago.
But now, when filing for the GC, I will be completely honest and explain all and hope that they accept it through the I-601.

Any advice is helpful, thanks.

[newacct]

About the work: After filing I-130 and I-485, can I file immediately I-765? I mean, I guess I have to wait to get the actual working permission as without nobody would employ me as well as it would be illegal.

You can (and should) file I-765 together with I-130 and I-485. The EAD may take 3-4 months after applying to get.

As for the entering the US, I got a B1/B2 Visa and would enter it with it, telling the CBP that I intend to marry my girlfriend, a US citizen and hope I can get the 6 months on my Visa.

If you tell them you intend to marry and file AOS while here, you will definitely be denied entry.

As for the I-601, unfortunately when I filed for my B1/B2 Visa in 2012, I didn't mention that I had some minor offences when I was young, as they are 18 years ago.
But now, when filing for the GC, I will be completely honest and explain all and hope that they accept it through the I-601.

You mean you think you have a misrepresentation ban? It's possible. But you wouldn't apply for a waiver until they ask you to.

[ebm76]

You can (and should) file I-765 together with I-130 and I-485. The EAD may take 3-4 months after applying to get.


If you tell them you intend to marry and file AOS while here, you will definitely be denied entry.


You mean you think you have a misrepresentation ban? It's possible. But you wouldn't apply for a waiver until they ask you to.

So, how should I enter the US and what should I say to the CBP on entry?
Will I need to leave the US for a certain time and re-enter?
Cause I don't want to apply for an K1 Visa as it takes too long as well as I need already been married to apply for it.

As for the B1/B2, I got the visa for 10 years but at the time I applied for it, I didn't mention that I had prior offences in my past. For sure they are not happy that I lied on my Visa application back in 2012 but I hope they still grant me the GC upon the I-601.

[newacct]

So, how should I enter the US and what should I say to the CBP on entry?

You either get a K-1 fiance visa to go to the US to marry and then AOS, or you marry first (anywhere) and then get a CR-1 immigrant visa.

[ebm76]

You either get a K-1 fiance visa to go to the US to marry and then AOS, or you marry first (anywhere) and then get a CR-1 immigrant visa.

Is the K1 or the CR-1 the faster option?
I want to stay the maximum time possible with my soon to be wife in the US. Is this possible?

[inadmissible]

You'll wait at least 14 months for the I-601 to be adjudicated, so neither way is going to be particularly quick.

However, the K-1 process does get you into the United States quicker than the CR-1 process, although the CR-1 process gets you permanent residency more quickly than the K-1 process

[ebm76]

You'll wait at least 14 months for the I-601 to be adjudicated, so neither way is going to be particularly quick.

However, the K-1 process does get you into the United States quicker than the CR-1 process, although the CR-1 process gets you permanent residency more quickly than the K-1 process

And the working permit? Any particular route to go? Which is the fastest as I would like to work asap.
Will the work permit be able to file whilst everything is in process and will it only arrive after everything is settled and ok?
Thanks

[inadmissible]

With the K-1 you get employment authorization within 4 months of applying for adjustment of status, which you do after getting married, which you do after getting your K-2 Visa which typically takes 6-9 months.

With the CR-1 you are entitled to work the moment you become a permanent resident, which happens the moment you are admitted to the United States on a CR-1 visa, which happens after you get your CR-1 which typically takes 12-15mo

The difference is either a wash or in insignificant:
K-1 14-16mo I-601, 6-9mo K, 4mo EAD, 24-29mo total
CR-1 14-16mo I-601, 12-15mo CR, 26-31mo total

Between the two, the decision will likely be made based on where and when you get married. If both of you want to wait 20-25mo to get married, K is an option. Otherwise the only option is for you and your partner to get married abroad and apply for CR-1

(IR-1 really. Welcome to waiverworld)