I-130 submitted - Eligible for I-795?

[JMZ21 2]

Quick summary: My husband (U.S citizen) and I filed the I-130 petition for me- a spouse living outside of the U.S (currently in Canada). Our I-130 has not yet been approved, but we did receive the NOA. 
 

My question is- once the I-130 is approved, can I (the beneficiary, wife living outside of the U.S) submit the EAD (I-795) when we submit the green card application? I have heard and read several different answers. We filed with SimpleCitizen and they told us I would be able to submit the EAD, but I’ve read elsewhere that is not an option if I’m filing from outside the U.S.  Help! I would really love to know if I am looking at a few months before I am in the U.S after filing the I-795, or if I’ll be in Canada for +1 year until my green card application is approved. 

Any and all feedback is greatly appreciated! We are NEW to this and learning as we go.  Thank you! 

Edited April 20, 2021 by MKAJTZ

[Crazy Cat 39,750]

That isn't how it works.  Adjustment of status and an EAD are not applicable for spouses living outside the US.  When you, as an  immigrant spouse,  enter the US with a valid CR-1/IR-1 visa, you will immediately become a legal resident with immediate authorization to work.  

Edited April 20, 2021 by Lucky Cat

[Crazy Cat 39,750]

***Thread has been moved to the IR-1/CR-1 process and Procedures area as OP is currently outside the US******

[Crazy Cat 39,750]

I highly suggest you and your US petitioner read, study, and become completely familiar with the CR-1 process:

 

 

[aaron2020 11,651]

32 minutes ago, MKAJTZ said:

Quick summary: My husband (U.S citizen) and I filed the I-130 petition for me- a spouse living outside of the U.S (currently in Canada). Our I-130 has not yet been approved, but we did receive the NOA. 
 

My question is- once the I-130 is approved, can I (the beneficiary, wife living outside of the U.S) submit the EAD (I-795) when we submit the green card application? I have heard and read several different answers. We filed with SimpleCitizen and they told us I would be able to submit the EAD, but I’ve read elsewhere that is not an option if I’m filing from outside the U.S.  Help! I would really love to know if I am looking at a few months before I am in the U.S after filing the I-795, or if I’ll be in Canada for +1 year until my green card application is approved. 

 Thank you! 

You should stop using SimpleCitizen.  They are wrong.  You do not qualify for an EAD.

  

There is no "green card application."  The I-130 is a petition to show a qualifying family relationship that would allow the foreign spouse outside the US to file for an immigrant visa.  The DS-260 is the immigrant visa application.  Once a person enters on an immigrant visa, that person automatically becomes a green card holder.  

You do not qualify to file for an EAD since you are going through consular processing.  Furthermore, you don't need to file for an EAD.  Once you enter the US on your immigrant visa and become a green card holder, you are authorized to work.  All green card holders are authorized to work and do not need to apply for work authorization.  You will need a Social Security Number so your employer can report your wages to the IRS.  You can apply for a SSN on the DS-260.

It takes about 12-24 months to get an immigrant visa after filing the I-130.

Edited April 20, 2021 by aaron2020

[JMZ21 2]

12 minutes ago, aaron2020 said:

You should stop using SimpleCitizen.  They are wrong.  You do not qualify for an EAD.

  

There is no "green card application."  The I-130 is a petition to show a qualifying family relationship that would allow the foreign spouse outside the US to file for an immigrant visa.  The DS-260 is the immigrant visa application.  Once a person enters on an immigrant visa, that person automatically becomes a green card holder.  

You do not qualify to file for an EAD since you are going through consular processing.  Furthermore, you don't need to file for an EAD.  Once you enter the US on your immigrant visa and become a green card holder, you are authorized to work.  All green card holders are authorized to work and do not need to apply for work authorization.  You will need a Social Security Number so your employer can report your wages to the IRS.  You can apply for a SSN on the DS-260.

It takes about 12-24 months to get an immigrant visa after filing the I-130.

I appreciate your response... please see snip of some of the information I received that might explain why we are confused. We have read up on this, numerous times, but as I’m sure many can relate- we paid for a service and expect to be able to trust what they say. Is there a chance this is a different way of applying?

Edited April 20, 2021 by MKAJTZ

[Crazy Cat 39,750]

That is 100% inaccurate!!!!   & FALSE.  I would ditch those people immediately.   The I-485 and I-765 DO NOT apply to a spouse outside the US......PERIOD!!!!!

Edited April 20, 2021 by Lucky Cat

[Crazy Cat 39,750]

You should IMMEDIATELY report that employee.  He/She is giving grossly inaccurate information....

[aaron2020 11,651]

5 minutes ago, MKAJTZ said:

I appreciate your response... please see snip of some of the information I received that might explain why we are confused. We have read up on this, numerous times, but as I’m sure many can relate- we paid for a service and expect to be able to trust what they say. Is there a chance this is a different way of applying?

You told them that you were applying from outside the US and they bring up the I-485.  You need to cut these idiots.

[Crazy Cat 39,750]

This is extremely basic stuff....and they are completely clueless!!!!!!!  I would demand a refund!!!!

[Chancy 6,233]

52 minutes ago, MKAJTZ said:

We are NEW to this and learning as we go.

 

I suggest looking up the official sources of information as your primary reference --

• USCIS overview on Consular Processing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
• Department of State guide for the Immigrant Visa Process: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

Note that neither of these official guides mention I-485 and I-765 as those forms are not necessary for intending immigrants applying from outside the US.  After getting your immigrant visa and being admitted into the US, you will automatically gain lawful permanent resident status and be authorized to work in the US.

 

[JMZ21 2]

Thank you for all of the feedback! 

[pushbrk 12,254]

1 hour ago, MKAJTZ said:

Thank you for all of the feedback! 

Asking questions in public forums is never a substitute for becoming an A-Student of actual form instructions.  Had you read the form instructions, you would not have needed to ask this question anywhere.  Please bear that in mind as you go forward.  There are other forms and instructions.  Ask questions that remain AFTER studying the instructions themselves.

[JMZ21 2]

6 minutes ago, pushbrk said:

Asking questions in public forums is never a substitute for becoming an A-Student of actual form instructions.  Had you read the form instructions, you would not have needed to ask this question anywhere.  Please bear that in mind as you go forward.  There are other forms and instructions.  Ask questions that remain AFTER studying the instructions themselves.

Shame on you for trying to make someone feel stupid for using a forum “incorrectly”. I was told invalid information from a trusted source, and came here to discuss the discrepancies between what I was told vs what I read on the form/application and government websites. This process is overwhelming, confusing, and extremely stressful for people just getting started. Please bear that in mind as YOU go forward. 

[pushbrk 12,254]

2 hours ago, MKAJTZ said:

Shame on you for trying to make someone feel stupid for using a forum “incorrectly”. I was told invalid information from a trusted source, and came here to discuss the discrepancies between what I was told vs what I read on the form/application and government websites. This process is overwhelming, confusing, and extremely stressful for people just getting started. Please bear that in mind as YOU go forward. 

I'm trying to teach you what you need to do to be successful.  How you "feel" about it, is your issue.  There are later forms.  Study those instructions.  It's critical to your success.