Can you work while waiting for adjustment?

[Zeebot9 3]

I have a friend who is engaged to his US citizen fiance, they are not sure if they should get married in the US and adjust or stay in Aus and get married then apply for a green card. If they get married in the states can he adjust and work while waiting for the adjustment?  

[Jojo92122 1,924]

Is your friend in the US right now?

[Zeebot9 3]

Just now, Jojo92122 said:

Is your friend in the US right now?

No they are both currently in Australia. been dating a few years.

[Roel 7,192]

15 minutes ago, Zeebot9 said:

I have a friend who is engaged to his US citizen fiance, they are not sure if they should get married in the US and adjust

Unless they are planning to apply for K1 visa and follow those requirements, just arriving in the US on tourist visa or VWP and adjusting is immigration fraud.

 

 

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or stay in Aus and get married then apply for a green card.

That's probably the best thing to do. They apply NOT for a green card (that's impossible) but apply for SPOUSE VISA - CR1. Once the visa holder enters the US, they will receive the green card. And once they arrive, they can immediately start working.

 

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If they get married in the states can he adjust and work while waiting for the adjustment?  

No.

Like I said, that's immigration fraud to plan to do that.

 

If they go with K1 visa and then adjusting - he CANNOT work until they send out adjusting paperwork and include work/travel permit applications. Adjusting takes about 12 to 14 months now, waiting time for work permit is about 3 to 6 months.

 

Tell your friend to seriously educate themselves (not just asking their friends to use internet for them) and read about either K1 or CR1 visa. Since that's the only 2 options available for them if they want to do things legally. If they don't feel like doing work or research, tell them to find a lawyer to file paperwork for them. 

Edited June 26, 2018 by Roel

[Jojo92122 1,924]

3 minutes ago, Zeebot9 said:

No they are both currently in Australia. been dating a few years.

 

It's currently taking about 5-6 months to get the EAD (employment authorization document) after filing for AOS.  Your friend would not be able to legally work for 5-6 months after filing for AOS.

 

Is your friend coming considering a K1 visa?

[Cyberfx1024 7,980]

52 minutes ago, Zeebot9 said:

No they are both currently in Australia. been dating a few years.

Then they should get married and file for the CR1 visa. I do not know if DCF is allowed for Australia but I would look into it.

[geowrian 22,337]

1 hour ago, Zeebot9 said:

I have a friend who is engaged to his US citizen fiance, they are not sure if they should get married in the US and adjust or stay in Aus and get married then apply for a green card. If they get married in the states can he adjust and work while waiting for the adjustment?  

Option 1 is legal if they get a K-1 visa. It is not legal if they plan to use a tourist visa / ESTA.

They can marry anywhere then file for a CR-1 visa.