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Green card filing for US citizen spouse

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  • Green card filing for US citizen spouse

    I am US Citizen and about to marry a person who is in L1 work status. His L1 valid till mid next year. I would like to know whether I can file I-130 and I-485 together and if so what is the average time it takes to get him green card. Will it be earlier than his L1 expiry date (June 2012) .. Can he continue to stay in US and continue to work in L1 once I filed the I-485 and I-130 ? or his company has to apply green card for him to continue in US ? Pls advise.

    Thanks

  • #2
    When you file I-130 and I-485, he can also file for I-765 (EAD - work authorization) and once he has the EAD he doesn't need a visa (L1 in his case) to work any more. He can also get an advance parole, if he wishes to travel abroad.

    If you file for his greencard, his company needn't do it. Just show the EAD to the company and he can continue to live in US and work for the same or different employer.

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    • #3
      Thank you so much for your response. Can you also pls let me know what is the approximate timeframe to get I-130, I-485 and I-765(EAD) approved ?
      so my understanding is that he can continue to stay here once I get confirmation that I-130 , I-485 and I-765 applications are received and doesn't need to be approved before his L1 expiry to continue his stay in US, is that correct ? Pls respond.

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      • #4
        EAD and AP usually take less than two months for approval and I-130 less than 5 months. I-485 takes longer.

        Once his I-485 is pending for adjudication, that makes him eligible for 'authorized stay in the US' without having to maintain any other visa.

        EAD needs to be approved before the expiration of his L1 visa for him to be eligible for work. If not, he will have to renew his L1 visa.

        Hope that answers your question.

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        • #5
          Thank you so much. Your responses helped me and get me the details I wanted ..

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