Immigration question (USA)

Question

Hi,

Is anyone familiar with this immigration issue?

I am a green card holder. My girl is studying in the US and we plan to get married.

I am wondering if I can apply the EAD (Work permit) and Re-entry permit for her at the time I file for her green card.

If yes, can she get her EAD and RE-entry permit in a couple of months after the application? (I know her greed card needs at least 4-5 years, my major concern is the EAD and Re-entry permit)

Thank you very much for your time.

Joseph

Answer 1

NO, simply put, you have no legal grounds to petition for her at all now. Not until after you are married anyway...
Check the eligibility for green ard here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddd6e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
But if you are married, then you started the petition process for her( form I-485). Form I-485 link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
She can file for EAD togethr with the petition for green card using form I-765. "File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, application for permanent residence, is pending. If you have not yet filed your Form I-485, you may submit Form I-765 together withyour Form I-485. "
Check here for EAD details: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

She will not be able to file for Advance Parole (Re-entry permit) at the same time you file the form I-485. One of the main reason is that to file I-131, "A number" (Alien Registration number) is required, which is on the form I-797 from USCIS notifying the receipt of form i-485.

Form I-131 links: http://www.uscis.gov/files/form/I-131.pdf

And the typical wait time can be anywhere between 4 ~ 12 weeks no matter what they say. But you can check on the status from time to time. The advance parole response is usually faster, and you can always go to a local center to file if it is indeed an emergency.

Answer 2

As far as I understood, when you married to your girl friend, you could file a petition for your wife as a permanent resident. However, as the wife of a permanent resident (green cardholder) does not mean she will be automatically admitted to the EAD or Re-entry status. She still has to wait in the line for an interview. If she currently holds B1/B2 visa, she could still visit the States to join you for several months. But she could not stay longer than that or seek employment.
As newly wed couple, you don't want to separate your wife. So I suggest you get married in the States, and hire a lawyer to file the extension stay petition for your wife. Then she may not need to leave the States immediately, so there are no re-entry considerations.