Getting Fiancee/Wife Work Authorized?

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mattrNew Member
Topic author
Posts: 2
Joined: 4 May 2009

Getting Fiancee/Wife Work Authorized?

Post Mon May 04, 2009 11:05 am

I am a Canadian Citzen working in the US on a TN visa. I have applied for and been approved for an H1b Visa which comes into effect on Oct 1st.
My fiancee is also a Canadian citizen, currently working in Canada. I am trying to figure out how to get employment authorized documents in the US. Say after we get married (which we are looking at doing in september).

Assuming that my employer will sponsor me for a green card. The process that I understand is:
we get married; she gets a TD visa when we enter the US married. later that is upgraded to H4 when I get H1b status.
at that point it is possible to file form I-480.
at some point after that we both recieve form I-485 Employment Authorized documents. So that she can work anywhere and I can work at my current employer.

So here are my questions:
1) is this process correct?
2) Is there a different (simpiler?) way for her to work? (without finding an employer to sponsor her as employers in her particular field are unlikly to do that).
3) What is an approximate time frame between the filing of I-480 and the receipt of I-485?
4) What is everyone else's experience?
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Getting Fiancee/Wife Work Authorized?

Post Mon May 04, 2009 5:16 pm

I think you've got the forms wrong, she gets TD while you're on TN-1 and can't work. When you get H-1B she gets H-4 which is essentially the same thing. Your employer sponsors you on I-140 and when the visa number comes up you can apply for AOS on I-485 and also apply for employment authorization on I-765 - read the instructions for both forms for more information.
Steve.
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mattrNew Member
Topic author
Posts: 2
Joined: 4 May 2009

Re: Getting Fiancee/Wife Work Authorized?

Post Tue May 05, 2009 11:59 am

yes, it appears i got the forms incorrect.... I-480 = I-140.
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