Applying EAD while in US

[zymorian]

Hi,

I am a green card holder and recently got married to a Singapore citizen. She had come over on a visa waiver program. I was intending to help her apply for
the GC but learned that it will take 5 years before she's approved.

Now my question is she able to apply for the work permit (EAD) while in the US after I file the petition? I understand she may not be able to do it while under the visa waiver, but what if she goes back and come back with a B2 visa or any other visa? would that allow her to apply and obtain the EAD and as a result able to stay in the US?

Reason I'm asking is I have a colleague who did AOS (adjustment of status) and managed to obtain the EAD as a result. He claims he was on the employment green card category.

Thanks and appreciate any advice.

Best,

[PraetorianXI]

A person under the visa waiver program, or a visitor B2 visa, CAN NOT work. And are not eligible for an EAD (work permit).

She is not allowed to stay here after you file the I-130 petition for here... And she probably will not be allowed to enter again once you have filed that, since she will have shown immigrant intent.