QUESTION

Once he gets EAD, and travel authorization, can he still work legally in US and make business trips without any issues?

Asked on Aug 01st, 2017 on Immigration - Georgia
More details to this question:
I have some questions about getting permanent residency through marriage. I recently got naturalized and my husband will apply for I-485. He is Canadian and has been working legally with Visa in US for over 5 years. He makes business trip to Mexico quite often. We've been married for over 3 years. Currently, I, a citizen, am unemployed. But we've filed our Income tax together ever since we got married, and his income itself is over 125% of HHS Poverty guidelines. If he files the form I-485 along with the form I-765 and form I-131, will there be no risk for his Canadian TN Visa Status? Since I am not working, can I just use my husband's income when filling out form I-864? Does my husband have to file the form I-864A also or do we need to find a joint sponsor? If we calculate our assets too, should it be triple as much as the guide line income?
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, in a marriage-based adjustment of status case in the Immediate Relative visa category, a foreign national can be granted an EAD and Advance Parole for use while the I-485 application remains pending. The EAD authorizes any lawful employment in the U.S. and the Advance Parole authorizes re-entry into the U.S. after travel outside of the U.S. Once your husband may have the EAD and Advance Parole, he should be able to be employed and to make business trips abroad. Further information is needed in order to advise about the Affidavit of Support required from the Petitioner in this type of case. Generally, if the Petitioner does not have sufficient documentable income to meet the I-864 requirements, the couple should get a joint sponsor. Generally, any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities associated with an Affidavit of Support will qualify as a joint sponsor. Details about the Affidavit of Support can be more complex than they might appear just from reading the I-864 instructions and reading the statute, and the same applies to other details governing immigration eligibility. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 10th, 2017 at 1:27 PM

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