Key Takeaways
• Apply for a work permit (EAD) and Advance Parole via Adjustment of Status for marriage-based green cards.
• Use the latest 01/20/25 edition forms or USCIS will reject applications and cause delays.
• Processing times average 9.2 months for work permits and travel documents as of June 2025.
If you’re applying for a marriage-based green card inside the United States 🇺🇸, you’ll likely want to work and travel while your application is pending. This is possible if you apply for a work permit (officially called an Employment Authorization Document, or EAD) and a travel document (Advance Parole). Both are available through the Adjustment of Status process, which allows you to apply for permanent residence without leaving the country. This guide will walk you through each step, explain the timeline, and help you avoid common mistakes.
Introduction: Why Work Permits and Advance Parole Matter in the Marriage Green Card Process
When you apply for a marriage-based green card through Adjustment of Status, you may have to wait many months for your green card to be approved. During this time, you cannot legally work or travel outside the United States 🇺🇸 unless you have special permission. That’s where the work permit and Advance Parole come in:
- Work Permit (EAD): Lets you work legally in the United States 🇺🇸 while your green card application is pending.
- Advance Parole: Lets you travel outside the United States 🇺🇸 and return without abandoning your green card application.
Both are critical for families who need income or must travel for emergencies or family reasons. According to analysis from VisaVerge.com, these documents are especially important because the green card process can take many months, and not having work or travel permission can cause hardship.
Step 1: Gather the Right Forms and Documents
Before you start, make sure you have the correct forms and supporting documents. Using the wrong form edition or missing paperwork can cause delays or even rejection.
Main Forms You’ll Need
- Form I-130 (Petition for Alien Relative): Filed by the U.S. citizen spouse to prove the marriage is real.
- Official Form I-130
2. Form I-485 (Application to Register Permanent Residence or Adjust Status): The main green card application. - Official Form I-485
- Official Form I-130
- Form I-765 (Application for Employment Authorization): For your work permit.
- Form I-131 (Application for Travel Document): For Advance Parole.
Important: As of April 3, 2025, you must use the 01/20/25 edition of Form I-485 and the latest editions of Forms I-765 and I-131. Using outdated forms can cause your application to be rejected.
Supporting Documents
- Proof of your marriage (marriage certificate)
- Proof of your spouse’s U.S. citizenship (passport, birth certificate, or naturalization certificate)
- Your passport and current visa
- Two passport-style photos for each application
- Proof of your current status in the United States 🇺🇸 (I-94 record)
- Any prior immigration documents
Tip: Double-check the USCIS forms page for the latest editions and instructions.
Step 2: Prepare and Complete the Forms
Take your time filling out each form. Mistakes or missing information can cause delays or trigger a Request for Evidence (RFE), which can add months to your wait.
How to Fill Out Each Form
- Form I-130: Provide details about your relationship, your spouse, and your marriage history.
- Form I-485: Answer questions about your immigration history, criminal background, and eligibility.
- Form I-765: Indicate you’re applying for a work permit based on a pending I-485.
- Form I-131: Indicate you’re applying for Advance Parole based on a pending I-485.
Common Mistakes to Avoid:
– Leaving any required field blank
– Using an old form edition
– Forgetting to sign any form
– Submitting blurry or incorrect photos
Time Estimate: Allow at least 2–3 weeks to gather documents and complete all forms carefully.
Step 3: File All Forms Together (Concurrent Filing)
You can file Forms I-130, I-485, I-765, and I-131 at the same time. This is called concurrent filing and is the fastest way to get your work permit and Advance Parole.
How to File
- Place all forms and supporting documents in one package.
- Include the correct filing fees (check the USCIS fee schedule).
- Double-check the mailing address for your location on the USCIS website.
Tip: Make a complete copy of everything you send for your records.
Time Estimate: Mailing and delivery usually take 1–2 weeks.
Step 4: Receive Receipt Notices from USCIS
After USCIS receives your package, you’ll get receipt notices (Form I-797C) for each form. These notices confirm that your applications are in process.
What to Expect:
– Receipt notices usually arrive within 2–4 weeks after mailing.
– Each form will have its own receipt number, which you can use to check your case status online.
Troubleshooting:
– If you don’t get a receipt notice within 30 days, contact USCIS or check your delivery confirmation.
Step 5: Attend Biometrics Appointment
USCIS will schedule a biometrics appointment at a local Application Support Center. Here, they’ll take your fingerprints, photo, and signature.
What to Bring:
– Appointment notice
– Photo ID (passport, driver’s license, or state ID)
Time Estimate: Appointment is usually scheduled 4–8 weeks after filing.
Common Pitfalls:
– Missing your appointment can delay your case. If you can’t attend, reschedule as soon as possible.
Step 6: Wait for USCIS Processing
This is the longest part of the process. As of June 2025, the average wait time for both the work permit and Advance Parole is about 9.2 months from the date you file your application.
What Happens During This Time
- USCIS reviews your forms and supporting documents.
- They may issue a Request for Evidence (RFE) if something is missing or unclear.
- If you receive an RFE, respond quickly and completely to avoid further delays.
Tip: You can check current processing times for your service center at the USCIS Processing Times page.
Troubleshooting:
– If your case is outside normal processing times, you can submit an inquiry to USCIS.
Step 7: Receive Your Work Permit and Advance Parole
If your applications are approved, you’ll receive:
- EAD Card (Work Permit): Allows you to work legally in the United States 🇺🇸.
- Advance Parole Document: Allows you to travel outside the United States 🇺🇸 and return while your green card application is pending.
What to Do Next:
– Use your EAD to start working for any employer.
– Use Advance Parole to travel, but avoid leaving the country before you receive this document.
Important: If you leave the United States 🇺🇸 before getting Advance Parole, your green card application may be considered abandoned.
Step 8: Attend Your Green Card Interview
USCIS will schedule an interview for you and your spouse at a local field office. This is usually the final step before your green card is approved.
What to Bring:
– Interview notice
– Originals of all documents you submitted
– Proof of your ongoing marriage (photos, joint bills, lease, etc.)
Time Estimate: The interview is usually scheduled within 9–12 months after filing.
Step 9: Receive Your Green Card
If your interview goes well and your application is approved, you’ll receive your green card in the mail. This usually happens within 90 days after the interview.
Estimated Timeline Summary
- Gather and prepare forms: 2–3 weeks
- Mail forms and receive receipts: 2–4 weeks
- Biometrics appointment: 4–8 weeks after filing
- Wait for EAD/Advance Parole: 9.2 months on average
- Green card interview: 9–12 months after filing
- Green card approval: Within 90 days after interview
Common Pitfalls and How to Avoid Them
- Using Outdated Forms: Always check the USCIS forms page for the latest editions. As of April 3, 2025, only the 01/20/25 edition of Form I-485 is accepted.
- Missing Signatures: Every form must be signed. Unsigned forms will be rejected.
- Incomplete Applications: Double-check that all required documents are included.
- Ignoring RFEs: Respond to any Request for Evidence quickly and with all requested information.
- Traveling Without Advance Parole: Never leave the United States 🇺🇸 before your Advance Parole is approved.
Troubleshooting Tips
- No Receipt Notice: If you don’t receive a receipt within 30 days, contact USCIS.
- Case Delays: If your case is outside normal processing times, submit an inquiry using your receipt number.
- RFE Received: Respond by the deadline listed in the notice. Missing the deadline can result in denial.
- Lost EAD or Advance Parole: File a replacement application as soon as possible.
Checklist Summary: Marriage-Based Green Card Work Permit and Advance Parole
Before Filing:
– [ ] Gather all required forms (I-130, I-485, I-765, I-131)
– [ ] Use the latest form editions (check USCIS forms page)
– [ ] Collect all supporting documents
– [ ] Prepare passport-style photos
When Filing:
– [ ] Double-check all forms for completeness and signatures
– [ ] Include correct filing fees
– [ ] Make copies of everything
After Filing:
– [ ] Watch for receipt notices
– [ ] Attend biometrics appointment
– [ ] Respond quickly to any RFEs
– [ ] Wait for EAD and Advance Parole (about 9.2 months)
– [ ] Do not travel outside the United States 🇺🇸 without Advance Parole
After Approval:
– [ ] Use EAD to work legally
– [ ] Use Advance Parole for travel if needed
– [ ] Prepare for your green card interview
Frequently Asked Questions
Q: Can I work while waiting for my green card?
A: Only if you have an approved work permit (EAD). You can apply for this when you file your green card application.
Q: Can I travel outside the United States 🇺🇸 while my green card is pending?
A: Only if you have Advance Parole. Leaving without it can cause your application to be denied.
Q: How long does it take to get a work permit and Advance Parole?
A: The average wait is about 9.2 months as of June 2025.
Q: What happens if I use an old form edition?
A: USCIS will reject your application, causing delays.
Q: What if I get a Request for Evidence (RFE)?
A: Respond as soon as possible with all requested documents.
Official Resources
- USCIS Processing Times: Check current wait times for your service center at the USCIS Processing Times page.
- Green Card Process Overview: For more details on the Adjustment of Status process, visit the USCIS Green Card page.
- Forms and Instructions: Always use the latest forms from the USCIS forms page.
Final Takeaways and Next Steps
Applying for a marriage-based green card through Adjustment of Status gives you the chance to live, work, and travel in the United States 🇺🇸 while your application is pending. The process can be long—expect about 9.2 months for your work permit and Advance Parole—but careful preparation can help you avoid delays. Always use the latest forms, respond quickly to any USCIS requests, and never travel without Advance Parole. If you have questions or run into problems, consider speaking with an immigration attorney or checking official USCIS resources.
By following these steps and staying organized, you’ll be in the best position to get your work permit, Advance Parole, and, eventually, your green card.
Learn Today
Adjustment of Status → USCIS process allowing applicants to become permanent residents without leaving the U.S.
Employment Authorization Document (EAD) → Official permit that lets immigrants work legally in the United States while awaiting a green card.
Advance Parole → Travel authorization allowing applicants to leave and re-enter the U.S. without abandoning their green card application.
Request for Evidence (RFE) → USCIS notice requesting additional information or documents to continue processing an application.
Concurrent Filing → Submitting multiple immigration forms at the same time to streamline processing, like I-130, I-485, I-765, and I-131.
This Article in a Nutshell
Marriage-based green card applicants can work and travel legally by applying concurrently for work permits and Advance Parole. Using updated forms and submitting all applications together speeds up processing, which currently averages about 9.2 months. Avoid common mistakes like outdated forms or traveling without authorization to prevent delays or denials.
— By VisaVerge.com
