Submitting I-485 and Employment Authorization directly after the I-130

[SDNOMAD 17]

Hi there! 

 

Just submitted the I-130 last week to petition for my husband, although I was informed by a friend who is actually petitioning for his wife that there lawyer submitted the I-130 and the I-485 and employment authorization all together has anyone else done this? Would it allow my husband to work in the US sooner?

 

Thanks  

[Cyberfx1024 7,980]

11 minutes ago, SDNOMAD said:

Hi there! 

 

Just submitted the I-130 last week to petition for my husband, although I was informed by a friend who is actually petitioning for his wife that there lawyer submitted the I-130 and the I-485 and employment authorization all together has anyone else done this? Would it allow my husband to work in the US sooner?

 

Thanks  

The I-485 and the EAD is filed only when you are filing for your spouse and adjusting their status at the same time. They are not filed for when you are petitioning your spouse and they are living abroad. 

[pushbrk 12,979]

16 minutes ago, Cyberfx1024 said:

The I-485 and the EAD is filed only when you are filing for your spouse and adjusting their status at the same time. They are not filed for when you are petitioning your spouse and they are living abroad. 

Correct.  So, are you (the OP) seeking a spouse visa or adjusting your spouse's status from within the USA.

[SDNOMAD 17]

My spouse and I are both in Canada atm but we’d love to officially settle in the states ASAP I’m an American citizen born and raised so my question is once Ive submitted the I-130 can I submit the I-485 to speed up the process or at least to allow him to work in the USA while waiting on the green card 

[Lil bear 4,252]

Just now, SDNOMAD said:

My spouse and I are both in Canada atm but we’d love to officially settle in the states ASAP I’m an American citizen born and raised so my question is once Ive submitted the I-130 can I submit the I-485 to speed up the process or at least to allow him to work in the USA while waiting on the green card 

No.  he must  complete the  Consular processing and interview in Canada. Once he enters the US using the granted spouse visa , he is an LPR on entry and can work straight away. i485 is used when the non US spouse is already in the US.. after legally entering...this is not your current situation as I understand 

[SDNOMAD 17]

Ok well we are thinking about going back to California in September and he’s aloud to stay for 6 months on a regular entry no visa required should we then apply for the I-485 at this time? And if so would he have to leave the US or could he stay to do interviews there?

[Crazy Cat 41,981]

2 minutes ago, SDNOMAD said:

Ok well we are thinking about going back to California in September and he’s aloud to stay for 6 months on a regular entry no visa required should we then apply for the I-485 at this time? And if so would he have to leave the US or could he stay to do interviews there?

  He can not enter the US with the intent to stay and adjust his status.  Forget the I-485 completely since he will be doing consular processing.  Interview will take place in Canada.

Edited July 24, 2019 by missileman

[SDNOMAD 17]

Ok so we could only apply for that if we submitted the i-130 while in the states? Is there any other options? Because we plan to spend 6 months in the US from September 

[Crazy Cat 41,981]

4 minutes ago, SDNOMAD said:

Ok so we could only apply for that if we submitted the i-130 while in the states? Is there any other options? Because we plan to spend 6 months in the US from September 

No other options based on your posts........the normal spousal visa process take 12-14 months (approx,) from filing the I-130 to visa in hand.......could be a little sooner...or later...

Edited July 24, 2019 by missileman

[SDNOMAD 17]

Ok and that’s only because we submitted the

I-130 in Canada rather then the US? I just ask because my friend submitted the I-130 and 

 I-485 together while in the US and she only entered on a regular entry no visa required for Canadians 

[Crazy Cat 41,981]

Just now, SDNOMAD said:

Ok and that’s only because we submitted the

I-130 in Canada rather then the US? I just ask because my friend submitted the I-130 and 

 I-485 together while in the US and she only entered on a regular entry no visa required for Canadians 

Your situation is different.....

[SDNOMAD 17]

7 minutes ago, missileman said:

No other options based on your posts........the normal spousal visa process take 12-14 months (approx,) from filing the I-130 to visa in hand.......could be a little sooner...or later...

Ok great and he’s still aloud to enter the states just like normal? We’re about to begin the process of buying a house!

[Crazy Cat 41,981]

Just now, SDNOMAD said:

Ok great and he’s still aloud to enter the states just like normal? We’re about to begin the process of buying a house!

Visiting the US is legal during the spousal visa process......and is always at the discretion of CBP officers.  He should be prepared to convince the officer that he will return to Canada after the allowed visit.

[SDNOMAD 17]

Ok he’s never had any issues before so we’re not to concerned! Thank you for your help! 

[Crazy Cat 41,981]

3 minutes ago, SDNOMAD said:

Ok he’s never had any issues before so we’re not to concerned! Thank you for your help! 

Be aware that having established intent to immigrate to the US (I-130) can be considered by the CBP officers when allowing him to enter the country.  He should be prepared to show strong ties to Canada .

Edited July 24, 2019 by missileman