Immigration Issues/when can my spouse work?
i married a lady from costa rica 7/23/03. she is here on a J1 visa which is set to expire 7/31/03. we have sent off for a recieved all the form to start her immigration paperwork. Shes a teacher by trade but is finding it hard to get a job because she needes a sponser. no one wants to sponser her. she has a social security number and on the SS card it says "may work only with INS approval"....i called the ins and they told me she cant work until her forms are filed and completed which can take 4-6 months. is there anything i can do so she can work and will anything happen when her visa expires?
Firstly, do you know if her visa or her IAP-66 form of her J-1 says she is subject to a 2 year foreign residency requirement? If so, she needs a waiver, before she can file for her green card.
She is technically not allowed to work until she receives work authorization from INS based on your marraige case. As long as she is not subject to the 2 year foreign residency requirement, it does not matter whether her visa or I-94 expire.
Some employers dont check for legal status, but if she cant find such an employer, she will have to wait for her work card.
Let me know if you need a good lawyer to process the papers!!!