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Maried to Green card man

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  • Maried to Green card man

    Do I get a work authorization after 1 year just like married to USC? Or will I be without no papers longer than .I heard it is about 6 years, and till than will I be illegal? My H1B visa expire in march this year.

  • #2
    Do I get a work authorization after 1 year just like married to USC? Or will I be without no papers longer than .I heard it is about 6 years, and till than will I be illegal? My H1B visa expire in march this year.

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    • #3
      Have you filed documents? Were they approved? Then you are not illegal and you can apply for EAD. Go to USCIS website - the information and forms you need are there.

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      • #4
        I thought 2nd prefrence family based petition are not getting a priority date for at almost 4 years and almost 7 years if you are from Mexico.

        Correct me if I am wrong, but doesnt this mean that since the I-485 can not be filed until a priority date has been reached, that an I-765 for an EAD can not be filed until this time either.

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        • #5
          and overstays are only forgiven for marriage to a USC.

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          • #6
            If you're marrying a permanent resident, then your options are limited.

            If you plan to remain in America, then you MUST maintain legal presence until you receive your permanent residency status...which will take several years. If you do not maintain legal status, then you will NOT be able to obtain your green card in America. The fact that are married to a permanent resident will NOT confer legal status.

            Further, if you remain illegally in America for more than 180 days, you will face a ban on reentry for three years (ten years if your period of illegal stay is more than 365 days). Such bans will also make it impossible...without a waiver...for you to obtain an immigrant visa from the American Consulate in your country of origin.

            You will NOT be eligible for employment authorization.

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