Trying to get the process right...
Im new here, and I dont know if this is allowed, so sorry if im doing something wrong. Any moderators can move this to the appropriate forum if this isnt correct.
So me and my fiance are planning on getting married this June, and she is currently here on a Visa although she has apparently overstayed, anyways.
She wants to start working immediately after the marriage, and it is currently unclear to us if she is able to able to do that. It is to our understanding, that couples apply for a green card a couple years after the actual marriage and then that starts the whole process.
However are the people that do this able to work in this period of time before the interviews and before they actually get their green card approved? We thought that she automatically gets a temporary "pass" that will allow her to start working now until we apply, but were not sure. Or is she not allowed to work until we go through the whole application process with the interviews and such? Any help would be greatly appreciated. Thank you.
Are you a US citizen? How long has she overstayed?
Is she here on an actual visa affixed in her passport? Or did she use the visa waiver?
IF you are a USC, and IF she is here legally even an expired nonimmigrant visa (visa waiver overstay is under litigation and not a good starting point) then you file an I-130 by the USC petitioner along with her I-485 and I-765 (an I-131 is only possible IF she has overstayed LESS than 180 days ON THE FILING DATE). Additional evidence is stated in the form instructions. At some point the I-130 petitioner will also have to file an I-864.
Find all the forms, instructions, fees, laws and regulations at www.uscis.gov
Sorry for not clarifying; Yes, I am a USC.
And apparently she has overstayed YEARS; and it was on a visa through her passport, not the waiver.