Question about Working during EAD Pending?

[RebeccaAndPhil 5]

My fiancé currently is on a J1 visa and living in the U.S. He has a SSN, a full-time job & rents an apartment that has both of our names on the lease (I am a U.S. citizen). We are planning on getting married sometime around August of this year-- My fiancé's J1 visa expires in April 2010. We are going to start filling out and sending in the paperwork after we get married, but I have a question about the EAD.

My fiance does not want to lose his current job since he intends on staying working there after he becomes a permanent resident. Can he continue to work while waiting to get his EAD? If not, how long does it normally take to get an EAD? I'm afraid that his job will not look to kindly on him taking a few months leave...

Any insight on this problem would be great!!

Also, a quick question about the Affidavit of Support: When I fill it out to prove that he will not be a burden in the U.S., can I include HIS income from the job that he currently has? This would obviously be filled out after we are married, so I assume they would expect that our incomes would be joint? His income will definitely prove that he is not a burden, but if I use MINE alone, I might have problems.

Thanks!!

[YuAndDan 153]

EAD takes up to 90 days to get.

If your fiancee's visa class allows work, this permission does not end when you file an I-485 to adjust status.

[RebeccaAndPhil 5]

EAD takes up to 90 days to get.

If your fiancee's visa class allows work, this permission does not end when you file an I-485 to adjust status.

Thanks for the reply! What do you mean by whether or not his visa class allows work? Since he is currently working on his J1, wouldn't that mean they do allow work? Do you mean whether or not they allow work while the EAD is pending?

[Bobby+Umit 161]

EAD takes up to 90 days to get.

If your fiancee's visa class allows work, this permission does not end when you file an I-485 to adjust status.

Thanks for the reply! What do you mean by whether or not his visa class allows work? Since he is currently working on his J1, wouldn't that mean they do allow work? Do you mean whether or not they allow work while the EAD is pending?

If the J-1 means he can work, as long as that visa is valid, he can work. It does not expire because you are waiting for the AOS.

He would be able to continue to work.

[rebeccajo 14]

Does your fiance's J1 visa have the two-year residency restriction on it?

[RebeccaAndPhil 5]

Does your fiance's J1 visa have the two-year residency restriction on it?

No he doesn't have the 2-year home req.

Is there anywhere we can find this info in writing, in case we run into problems?

[rebeccajo 14]

Does your fiance's J1 visa have the two-year residency restriction on it?

No he doesn't have the 2-year home req.

Is there anywhere we can find this info in writing, in case we run into problems?

What info? How to tell if he does or does not have the requirement?

There's a document he received (I can't recall the form number) which is given in conjunction with the visa. The document is not placed in the passport. That is where you USUALLY look to be certain there is no such restriction.

Otherwise I would say start googling. The common wisdom is to not assume that even if it appears there is no restrictions, check deeper. There a plenty of threads on VJ and other immigration communities about ascertaining for certain.

[KPC 0]

My fiancé currently is on a J1 visa and living in the U.S. He has a SSN, a full-time job & rents an apartment that has both of our names on the lease (I am a U.S. citizen). We are planning on getting married sometime around August of this year-- My fiancé's J1 visa expires in April 2010. We are going to start filling out and sending in the paperwork after we get married, but I have a question about the EAD.

My fiance does not want to lose his current job since he intends on staying working there after he becomes a permanent resident. Can he continue to work while waiting to get his EAD? If not, how long does it normally take to get an EAD? I'm afraid that his job will not look to kindly on him taking a few months leave...

Any insight on this problem would be great!!

Also, a quick question about the Affidavit of Support: When I fill it out to prove that he will not be a burden in the U.S., can I include HIS income from the job that he currently has? This would obviously be filled out after we are married, so I assume they would expect that our incomes would be joint? His income will definitely prove that he is not a burden, but if I use MINE alone, I might have problems.

Thanks!!

I can't speak to the employment bit of your question, but hopefully my experience with my husband adjusting status from an L-1 visa (an employment visa, as well) will help with your income query. On your affidavit of support that you have to include with his AOS package, you will list your past three years' worth of income from your tax returns, and your current salary. You'll have to send W-2s and tax returns from the most recent tax year (just for you, not your husband, as you are the petitioner and will be his sponsor while he's in the US). The interesting thing is that there is a space to include his income and your total household income, even though they don't require proof of employment, W-2s, or paystubs for him. I did include my most recent six months of paystubs in my husband's AOS package, and while I don't make as much as him, I am well above the poverty line, so we didn't get an RFE. As long as you make 125% above the poverty line, you'll be fine. Hope this helps! (Now preparing for the 485 interview is another story..you'll be need all kinds of employment and salary proof!)

[RebeccaAndPhil 5]

Does your fiance's J1 visa have the two-year residency restriction on it?

No he doesn't have the 2-year home req.

Is there anywhere we can find this info in writing, in case we run into problems?

What info? How to tell if he does or does not have the requirement?

There's a document he received (I can't recall the form number) which is given in conjunction with the visa. The document is not placed in the passport. That is where you USUALLY look to be certain there is no such restriction.

Otherwise I would say start googling. The common wisdom is to not assume that even if it appears there is no restrictions, check deeper. There a plenty of threads on VJ and other immigration communities about ascertaining for certain.

Oh, sorry, I meant the information about working while EAD is pending..I'm wondering where that info is in writing. We have checked his passport and the form you mentioned (I forget the name too) and both say he is NOT required to return home for 2 years. We were going to write a letter to ask and make sure, but asking on the VJ forums, most people said this was a waste of time

What do you think?

[RebeccaAndPhil 5]

My fiancé currently is on a J1 visa and living in the U.S. He has a SSN, a full-time job & rents an apartment that has both of our names on the lease (I am a U.S. citizen). We are planning on getting married sometime around August of this year-- My fiancé's J1 visa expires in April 2010. We are going to start filling out and sending in the paperwork after we get married, but I have a question about the EAD.

My fiance does not want to lose his current job since he intends on staying working there after he becomes a permanent resident. Can he continue to work while waiting to get his EAD? If not, how long does it normally take to get an EAD? I'm afraid that his job will not look to kindly on him taking a few months leave...

Any insight on this problem would be great!!

Also, a quick question about the Affidavit of Support: When I fill it out to prove that he will not be a burden in the U.S., can I include HIS income from the job that he currently has? This would obviously be filled out after we are married, so I assume they would expect that our incomes would be joint? His income will definitely prove that he is not a burden, but if I use MINE alone, I might have problems.

Thanks!!

I can't speak to the employment bit of your question, but hopefully my experience with my husband adjusting status from an L-1 visa (an employment visa, as well) will help with your income query. On your affidavit of support that you have to include with his AOS package, you will list your past three years' worth of income from your tax returns, and your current salary. You'll have to send W-2s and tax returns from the most recent tax year (just for you, not your husband, as you are the petitioner and will be his sponsor while he's in the US). The interesting thing is that there is a space to include his income and your total household income, even though they don't require proof of employment, W-2s, or paystubs for him. I did include my most recent six months of paystubs in my husband's AOS package, and while I don't make as much as him, I am well above the poverty line, so we didn't get an RFE. As long as you make 125% above the poverty line, you'll be fine. Hope this helps! (Now preparing for the 485 interview is another story..you'll be need all kinds of employment and salary proof!)

Thanks for your reply! My problem is that MY income alone is nowhere near above the poverty level because I am currently a student. I'm in my Senior year of college so I only have a part-time job while going to school. Phil's (my fiance) income IS well above the poverty line, so if I can include his income then that is good! I am wondering though...do you think it is a problem that my income alone is low? (and by low...I mean LOW...like $5k/year, I only work to have extra spending money and pay a few bills through college) Phil plans on staying at his current job even after his AOS...do you think his income will be sufficient? Phil's uncle lives in the U.S. and has offered to co-sponsor/joint-sponsor - not sure if there's a difference. Should we have him co-sponsor just to be safe?

[rubyred 0]

we too are still looking for the actual 'law' or evidence that states i can continue to work while adjusting; everyone keeps telling us that it's fine, but no one can provide a link to concrete proof. we're probably going to see a lawyer before we file, but rebecca - if you come across the info before we do, please please pass it on to us!

[KPC 0]

My fiancé currently is on a J1 visa and living in the U.S. He has a SSN, a full-time job & rents an apartment that has both of our names on the lease (I am a U.S. citizen). We are planning on getting married sometime around August of this year-- My fiancé's J1 visa expires in April 2010. We are going to start filling out and sending in the paperwork after we get married, but I have a question about the EAD.

My fiance does not want to lose his current job since he intends on staying working there after he becomes a permanent resident. Can he continue to work while waiting to get his EAD? If not, how long does it normally take to get an EAD? I'm afraid that his job will not look to kindly on him taking a few months leave...

Any insight on this problem would be great!!

Also, a quick question about the Affidavit of Support: When I fill it out to prove that he will not be a burden in the U.S., can I include HIS income from the job that he currently has? This would obviously be filled out after we are married, so I assume they would expect that our incomes would be joint? His income will definitely prove that he is not a burden, but if I use MINE alone, I might have problems.

Thanks!!

I can't speak to the employment bit of your question, but hopefully my experience with my husband adjusting status from an L-1 visa (an employment visa, as well) will help with your income query. On your affidavit of support that you have to include with his AOS package, you will list your past three years' worth of income from your tax returns, and your current salary. You'll have to send W-2s and tax returns from the most recent tax year (just for you, not your husband, as you are the petitioner and will be his sponsor while he's in the US). The interesting thing is that there is a space to include his income and your total household income, even though they don't require proof of employment, W-2s, or paystubs for him. I did include my most recent six months of paystubs in my husband's AOS package, and while I don't make as much as him, I am well above the poverty line, so we didn't get an RFE. As long as you make 125% above the poverty line, you'll be fine. Hope this helps! (Now preparing for the 485 interview is another story..you'll be need all kinds of employment and salary proof!)

Thanks for your reply! My problem is that MY income alone is nowhere near above the poverty level because I am currently a student. I'm in my Senior year of college so I only have a part-time job while going to school. Phil's (my fiance) income IS well above the poverty line, so if I can include his income then that is good! I am wondering though...do you think it is a problem that my income alone is low? (and by low...I mean LOW...like $5k/year, I only work to have extra spending money and pay a few bills through college) Phil plans on staying at his current job even after his AOS...do you think his income will be sufficient? Phil's uncle lives in the U.S. and has offered to co-sponsor/joint-sponsor - not sure if there's a difference. Should we have him co-sponsor just to be safe?

I would include your husband's uncle as a co-sponsor, just to be safe (as long as he is a US citizen or permanent resident). It doesn't sound like USCIS would allow you to sponsor him alone. It's silly, yes, but that's how they roll. Good luck!