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Temporary work visa while waiting for approval marriage based green card

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  • Temporary work visa while waiting for approval marriage based green card

    I (US citizen) recently applied for a marriage-based green card (I-130) for my spouse (Canadian citizen) in October and it is currently pending. In the meantime, is there anyway I can apply a work visa for her even though she has had an employment authorization document (EAD) in the past and it has expired? She is currently living in Canada. The instructions are a bit confusing and I don't want to waste an application fee if it'll be rejected anyways.

    thanks!

  • #2
    No. Being the beneficiary of a pending or approved petition doesn't give her any special ability to live in or work in the US. If she can qualify for an H or L work visa on her own, she can do that, but you have nothing to do with that.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      thanks!

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