Clarification regarding marriage visa and work permission

[Xavier8888 1]

Hello to all,

I would like to receive advice on my situation. I will get married in January, I am an Italian citizen and my girlfriend is an American citizen. We want to get married in the United States in January, but we are very confused about the procedure to follow.

My idea was to go to the United States in January, get married, fill out the i-130 and i-765 form all together. Meanwhile my work permit (i-765) is in the works, I wanted to go back to Italy because honestly I can't afford all these expenses if I can't work

What do you think? Could you give me some advice, please? Is the procedure correct? How long will the i-765 take?

Thank you very much for your time.
 

[designguy 1,179]

Once you get married you will have to return to Italy while the I-130 is processed. Currently its taking around 16 months. You don't need employment authorization because when you enter on the CR1 visa the stamp in your passport will serve as your temporary green card for one year and also proves work authorization

[aaron2020 11,651]

Where are you living right now?

 

Are you planning on entering the US on the VWP in January?

Edited October 24, 2019 by aaron2020

[payxibka 10,044]

8 minutes ago, Xavier8888 said:

Hello to all,

I would like to receive advice on my situation. I will get married in January, I am an Italian citizen and my girlfriend is an American citizen. We want to get married in the United States in January, but we are very confused about the procedure to follow.

My idea was to go to the United States in January, get married, fill out the i-130 and i-765 form all together. Meanwhile my work permit (i-765) is in the works, I wanted to go back to Italy because honestly I can't afford all these expenses if I can't work

What do you think? Could you give me some advice, please? Is the procedure correct? How long will the i-765 take?

Thank you very much for your time.
 

Filing the i130 does not provide an eligible category in order to file the i765.  

[Xavier8888 1]

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

[designguy 1,179]

3 minutes ago, Xavier8888 said:

let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

Absolutely not! That is visa fraud. If you wish to enter the US to marry and stay you must apply and enter on a K1 fiancé. This process will take around 9 months to get. Once you enter you will then marry and file for adjustment of status and work authorization together. It will take about 6 months to get the work authorization.

[Nat&Amy 623]

2 minutes ago, Xavier8888 said:

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

No. You can't enter the US with a temporary visa or on a VWP with the intention to stay, that is FRAUD. If you want to get married and stay in the US then apply for a K1. Be aware, however, that you will then have to adjust status and it might take anywhere from 3 to 8 months for you to get employment authorization.

 

If you cannot afford to spend so much time without a job, then the K1 is not the visa for you and your option is a spousal Visa. Meaning, you can travel to the United States, get married, and then you have to return to Italy to wait for your CR1 visa. Expect around one year for that to happen.

 

The advantages: you can continue to work as you wait in Italy, visit your wife in the meantime, and she can visit you too.

 

Don't jeopardize your future by breaking immigration laws.

[Boiler 43,434]

6 minutes ago, Xavier8888 said:

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

No

 

There are plenty of non family based other visa types, now whether you qualify for any is another matter.

[aaron2020 11,651]

4 minutes ago, Xavier8888 said:

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

 

4 minutes ago, Xavier8888 said:

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

There is no visa that you can get which would allow you to enter in the US in January and stay.

 

It would visa fraud for you to enter on the VWP with the intent to stay.

 

Once you are married, you will need to leave the US and your wife can start the immigration process by filing the I-130.  The I-765 is not filed.  It will take about 12-16 months for you to get a CR-1 spousal visa to immigrate to the US.  Upon entering on the CR-1, you are authorized to work. 

[payxibka 10,044]

11 minutes ago, Xavier8888 said:

Thanks to all for your adive.

@designguy let's say I get married in January, isn't there a way to stay in the united states with my future wife and work at the same time? Isn't there another type of visa that allows me to stay there and work too?

@aaron2020 Italy, and exactly I'm planning to enter there with a WMP

 

 

If there was, then there would be no reason to have immigrant Visas of any kind 

[Xavier8888 1]

Obviously I don't want to enter the US and stay there illegally also because I have already bought a ticket to return to Italy.. Mine was just a clarification. However,  I want just to reduce the time i will be unemployed in the usa. If I file the i130 and 485 together and stay, then how long until work authorization is issued? I would say that k1 visa isn't a valid choise for me since we have already planned our wedding in January. 

Thank you so much for your clarifications

[designguy 1,179]

Just now, Xavier8888 said:

Obviously I don't want to enter the US and stay there illegally also because I have already bought a ticket to return to Italy.. Mine was just a clarification. However,  I want just to reduce the time i will be unemployed in the usa. If I file the i130 and 485 together and stay, then how long until work authorization is issued? I would say that k1 visa isn't a valid choise for me since we have already planned our wedding in January. 

Thank you so much for your clarifications

I dont think you understand. You CANT do what you are staying. You may not enter the US with the intent to adjust status (IE filing an I-485). If you go down this road you risk ever coming to the US again

 

Your work authorization will be your green card which you will get when you enter the US on a CR1 visa. Which will be about a year to 16 months after you file the I-130.  You are not the first person in this situation and people wait a long time to be reunited with their spouses. You are going to have to get in line just like everyone else

[Nat&Amy 623]

7 minutes ago, Xavier8888 said:

Obviously I don't want to enter the US and stay there illegally also because I have already bought a ticket to return to Italy.. Mine was just a clarification. However,  I want just to reduce the time i will be unemployed in the usa. If I file the i130 and 485 together and stay, then how long until work authorization is issued? I would say that k1 visa isn't a valid choise for me since we have already planned our wedding in January. 

Thank you so much for your clarifications

You cannot file the i485 unless you have immigrant intent, and if you have immigrant intent, you need to apply for the right visa and the right visa for someone that wants to marry in the US and adjust status is the K1. No other option. Also, note that when you apply for the i485 you can't simply leave the country when you want. You need to wait for a GC or AP otherwise your application will be considered abandoned the moment you board your flight to Italy.

 

Again: forget about getting married in January and adjusting status. That's fraud unless you enter the country with the right visa - K1.

 

Edit: if you don't want to do the K1 because the wedding date is already set and you can't change it, your option is the spousal visa. No adjustment of status. You marry, your wife files the i130 and you return to Italy to wait.

Edited October 24, 2019 by Nat&Amy

[Nat&Amy 623]

4 minutes ago, Nat&Amy said:

Obviously I don't want to enter the US and stay there illegally

 

10 minutes ago, Xavier8888 said:

If I file the i130 and 485 together and stay,

You can't have both things. 

 

Your only option is the CR1 and yes, it is going to take over a year, during which you will be able to work in Italy and visit your wife. There is no way to get an employment authorization faster. If there is, it involves fraud and no one here will recommend it.

[Xavier8888 1]

Thanks guys. Is clear!