You should have a confidential consultation with an excellent immigration attorney and speak with them about your case. Be sure to speak with them about your full immigration history and explain the way you were able to get an employment authorization document previously. Finally do not try to do the I-130 and I-485 on your own.
There are several other forms and a lot of documentation which will be needed.
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You must read the instructions for both forms very carefully. You can find instructions at www.uscis.gov. You must carefully follow the instructions when completing the forms and filing them with supporting documents. If you do not understand the instructions or need help, you would be best advised to retain an experienced immigration attorney.
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Green cards through marriage is sometimes referred to as the “fast track” to lawful permanent residence. The spouse of a U.S. citizen is deemed an “immediate relative” under the law meaning that there are no quota restrictions on the number of people who can obtain green cards through marriage to U.S. citizens.
The U.S. citizen starts the process by submitting a form I-130 visa petition on behalf of their foreign-born spouse. If the spouse entered the U.S. lawfully, he/she can file for adjustment of status (I-485 packet) without having to leave the U.S. Generally, the spouse receives an Employment Authorization Document (EAD) within 90 days, and may also be eligible for an Advance Parole document to travel abroad.
If the foreign-born spouse entered the U.S. without inspection, he/she may have to apply for a green card through marriage in his home country. He may, however, be eligible to apply for a provisonal waiver in the United States.
To obtain a green card through marriage, your marriage must be bona fide. This is a lot easier to prove if there is a wedding reception where the U.S. citizen spouse’s parents and relatives are present, where the couple has joint property and files joint income tax returns and especially if the couple has a child together.
Please view our video about How to Obtain a Green Card Through Marriage before you get married and before you submit any paperwork to the USCIS.
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You are eligible to receive a Green Card through marriage to a US citizen. However the fact that you had a work authorization in the past is puzzling. You need to see an immigration attorney before you file any paperwork. You can click on the names of attorneys in AVVO and you will get their information. Then contact one to set an appointment.
Hi I'd like to know first how you obtained your initial employment authorization because you may be able to re-apply immediately. Hypothetically, however, if you were admitted and inspected upon your latest entry to the US and you have no criminal history that would cause admissibility issues, your spouse may be able to file both the I-130 and I-485 together as well as the I-765 employment authorization application. Within approximately 60-90 days your employment authorization should be re-approved. Of course, this is assuming everything else about your case is clean. A thorough analysis of the particular facts of your case are necessary to be certain about your possibilities.