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Can I apply for my wife's Employment Authorization Document while we are waiting for her visa to be approved? I am a US Citizen.?

We have applied for a Spousal Visa and have been married for 10 years. She is currently in her homeland and I am in the States. She wants to be with me, to work and help me.

3 Answers

  • 6 months ago
    Favorite Answer

    When your wife arrives at the airport with her IR-1 visa and is being processed for immigration, her passport will be stamped with the I-551 code and she will be a Lawful Permanent Resident (LPR), a.k.a. a Green Card holder before she even leaves the building. Green Card holders don't need an EAD, ever, nor would they be able to get one, the same way a US citizen would not be able to get a Green Card.

    The morning after her arrival, she'll go to the SSA office with you, and apply for a SSN (and card). You may have marked that option when applying for the spousal visa, but if you're in a hurry for her to work, that's the way to do it. The actual Green Card will arrive in the mail a few weeks later. Until then, her passport and SS card is all she needs for employment and I-9 form purposes, and also all she needs to get a state driver's license.

    Source(s): An immigrant from Europe, I live on the American Riviera and work as an attorney in Santa Barbara, California.
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  • 6 months ago

    She cannot enter the US until she has been approved for the spouse visa. And with a spouse visa comes a green card, after she has entered on that visa & settled with you. It will arrive within several weeks to a few months. Once she receives her green card, she goes in person to Social Security Administration with Form SS-5 to apply for SSN. Her immigration status will be verified, and her new Social Security card mailed to your home. Then she can start looking for work, start working, apply for driver's license, and what-all.

    NO way to apply for EAD for anyone who is not legally present in US with the appropriate visa/status. Takes about 6-9 months to obtain now. Foolish even thinking about that for someone coming on a spouse visa who will obtain their green card in relatively short order.

    Remember, you are totally responsible for your spouse's support for 10 yrs (can be permanent in a number of circumstances). And you need to obtain health insurance coverage for her when she arrives.

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  • Lisa A
    Lv 7
    6 months ago

    No. You can't get an EAD without a visa. And there is no visa for waiting for a visa.

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