How to Obtain a Permiso de Trabajo por Matrimonio: A Step-by-Step Guide

Introduction

In most cases, a foreign-born spouse of a U.S. citizen can obtain a work permit in the U.S. while the foreign-born spouse’s U.S. citizen spouse is in the process of obtaining a green card through marriage. Foreign-born spouses of U.S. citizens can obtain work permits for foreign spouses of U.S. citizens who are in the process of obtaining a green card through marriage to these foreign-born spouses, as detailed in this easy-to-follow guide.

Understand the Work Permit Process Through Marriage

Permission to work in the U.S. for foreign-born spouses of U.S. citizens, who are also in the process of obtaining a marriage-based permanent residency card (hereafter referred to as “green card”) as a spouse of a U.S. citizen can be a confusing process. Although foreign-born spouses of U.S. citizens, of any age, can apply for a green card as soon as they get married to a U.S. citizen, many married foreign-born spouses incorrectly assume that permission to work in the U.S. will automatically be granted when a foreign-born spouse of a U.S. citizen applies for a green card. Form I-765 must be correctly completed and mailed to the appropriate Service Center while the foreign-born spouse of a U.S. citizen is going through the process of trying to get a green card through the application for adjustment of status (I-485 application) for a foreign-born spouse who is physically present in the U.S. at the time of application for the green card (as opposed to abroad applying for a visa at a U.S. Embassy/Consulate).

Typically, hundreds of thousands of partners and spouses of American citizens are granted green cards each year through the marriage of a U.S. citizen. Moreover, while a foreign-born spouse of a U.S. citizen can become a lawful permanent resident (a “green card” holder) of the U.S. by marrying a U.S. citizen and going through the correct process, it can be very difficult to prove your character to U.S. Citizenship and Immigration Services and to comply with the many demands of our very complicated and strictly enforced immigration laws.

But many foreign spouses of newlywed American citizens are finding that while their newlywed husband can get them a marriage green card in 60 days or so, hundreds of spouses and partners of American citizens are waiting for what is described as “unwarranted” delays and “downward status changes” in the processing of their family petitions at already overwhelmed and understaffed consulates around the world.

El matrimonio con un ciudadano estadounidense es un camino normal para acceder legalmente a entrar a residir permanentemente en los Estados Unidos. But be aware that a Marriage Green Card, which is granted to the foreign spouse of an American citizen based on their marriage, requires filing of Form I-130 for family of American citizen and/or Form I-360 for battered spouse of American citizen as well as Form I-485 for Adjustment of Status to resident. Vasquez Law Firm has knowledgeable experienced attorneys in Immigration and Family Law. Importantly, the Vasquez Law Firm has a group of very experienced Immigration Attorneys and Family Law Attorneys, fluent in English, as well as in very good Spanish. Vasquez Law Firm Immigration Attorneys can guide and assist foreign spouses of U.S. Citizens in their quest for work authorization in U.S. during the period of time during which the foreign-born spouse of the American citizen is waiting for the granting of the Green Card application and submission of the I-765 for work authorization in U.S. The foreign spouse of U.S. Citizen will have work authorization in U.S. within a matter of weeks after Vasquez Law Firm Immigration Attorneys assist with the paperwork, submitting documents required and after the proper determinations are made and Vasquez Law Firm gives foreign-born spouses of American citizens, the foreign-born spouses of the citizens of U.S. with peace of mind.

The processing time for approval of family member petitions, including approval of forms I-130 for American citizen’s immediate relatives and/or for application for approval of immediate relative of American citizen visa, and approval of forms I-360 for battered spouse or child, immediate relative of battered American citizen or child of battered American citizen, and approval of forms I-485 applications for immediate relative of U.S. citizen who is currently in U.S. is, generally speaking, approximately 13 months from the date of receipt by USCIS of a family-based petition submitted on behalf of a foreign-born spouse of a U.S. Citizen for an immediate relative of the American citizen, or on behalf of the foreign-born spouse of the American citizen himself/herself (Note that although an immediate relative of U.S. citizen is guaranteed a visa, it does not guarantee approval of the related applications for Green Card or Employment Authorization Documents).

With Vasquez Law Firm experienced Immigration and Family Law Attorneys, and with Vasquez Law Firm’s bilingual staff, you will receive the support that you need 24/7. Vasquez Law Firm bilingual staff is always ready to serve its clients with answers to all of your questions 24/7, any time of the day and any night. Vasquez Law Firm’s attorneys will be there, ready to represent you, and ready to be of service to you 24 hours a day. Therefore, the Vasquez Law Firm’s attorneys are available 24/7. Vasquez Law Firm’s group of very experienced and successful Immigration and Family Law Attorneys are ready to offer representation, and free initial Immigration and/or Family Law consultation to any foreign-born spouse or relative of foreign-born spouse of U.S. citizen, 24 hours a day, 7 days a week including evenings, weekends and holidays, any time of day.

Furthermore, as we have stated before, foreign-born spouses of U.S. citizens are eligible to apply for Employment Authorization Document based on marriage, and therefore, to obtain a work permit for employment, and to get approved for work permit for employment while Green Card application is pending. When you need Immigration Representation, Vasquez Law Firm Immigration Attorneys are available 24 hours a day, 7 days a week to give you assistance and to offer the best possible Immigration Representation 24/7. The Vasquez Law Firm offers free initial Immigration and/or Family Law consultation, 24 hours a day, 7 days a week, and therefore, the foreign-born spouse of a U.S. citizen is urged to contact Vasquez Law Firm experienced and knowledgeable Immigration Attorneys by phone at 713-880-1640, at the Vasquez Law Firm 24 Hour Hotline at 713-880-8795, or via email. Therefore, the foreign-born spouse of U.S. citizen should contact Vasquez Law Firm by phone at 713-880-1640 or via email as soon as possible in order to schedule free initial Immigration and/or Family Law consultation. In other words, Vasquez Law Firm’s attorneys are available 24 hours a day to speak with foreign-born spouse of U.S. citizen by phone at 713-880-1640. If you need assistance 24 hours a

Identify Eligibility Requirements and Necessary Documents

Foreign Spouse of American Citizen Work Permit Requirement for Foreign Spouse of American Citizen with Permiso de Trabajo

1. Legal Marriage: You must have a legal marriage in order to apply for a permit of work for marriage. This means that both you and your spouse must have entered into the marriage with the proper intent to form a lifelong bond with each other, and that the marriage has been properly entered into and celebrated in accordance with the laws of the state or country in which you reside. The marriage must also have been entered into in a valid manner, and the marriage certificate must meet U.S. legal standards.

2. You or your spouse are pending Adjustment of Status: If you are applying for permanent residence based on your marriage to a U.S. citizen, or your spouse is doing so, then you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) for Adjustment of Status to become a lawful permanent resident. Note that recently Processing Times for Form I-130 (and corresponding Form I-485 Applications) have been increasing, so this application process is going to take a while, and you will need to prepare for it in advance.

3. Form I-765: We require you to complete and sign the Form I-765 (Application for Employment Authorization) that you can include with your pending I-130 application for Adjustment of Status to become a lawful permanent resident, or even process separately from your I-130 Application.

4. Supporting Documents: We also provide you with the required supporting documents for you to complete the required forms.

   • A copy of your marriage certificate.
   • A copy of your spouse's American passport or birth certificate to verify their citizenship.
   • Proof of lawful entry into the U.S. if the applicant is outside the U.S. (if applicable)
   • Two passport-sized photos.
   • Any previous EADs, if applicable.

5. Processing Time: It takes approximately 3-6 months to process the application for employment authorization. We suggest you apply for the renewal of your EAD (Employment Authorization Document) 180 days prior to its expiration date. This is to make sure that you will have work authorization in place before your current EAD expires.

In the meantime, after having completed all of the required work to obtain a permit of work for marriage with an American citizen, you and your husband or wife should verify that all of the necessary documentation was provided. Since your husband or wife is an American citizen, you and he or she can be working in the U.S. while waiting for the respective Green Cards that you both will be receiving. Below, we will go through the EAD (Employment Authorization Document) submission process for the partners and spouses of U.S. citizens. If you are in need of assistance with obtaining the proper paperwork to allow you to work in the U.S., be sure to seek the help of an experienced immigration attorney who can represent you throughout the work related proceedings in order to ensure that all necessary steps are taken to complete each stage of the process carefully in order to avoid missing any important details. New marriage policy that will apply to cases that are currently pending as well as those that are filed on or after March 3, 2025, will affect individuals with legally recognized marriages and who are trying to obtain immigration benefits.

Follow the Step-by-Step Application Process

While it can be rather complex to go through and adjust status to that of a U.S. citizen’s through a marriage to them, this article has walked you through steps to prepare and send in an application for work authorization while awaiting the decision on your Green Card application through your spouse. To seek to adjust your status to that of a lawful permanent resident, you complete Form I-485. Work authorization, in the meantime, is applied for by completing Form I-765.

• Completed Form I-765.
• A copy of your marriage certificate.
• Proof of your spouse's U.S. citizenship.
• Two passport-sized photos.
• Any other supporting documents required.

Once you have prepared your application for work authorization through immigration and gathered all the necessary documents, you will need to send your complete application package to the correct address for your USCIS (United States Citizenship and Immigration Services) Service Center. Keep copies of all the documents you have included in your application package. USCIS processes your immigration application, and within a short period of time, you will receive a receipt in the mail that the Service Center has received your immigration documents. Note that in some cases, applicants are required to attend a biometrics appointment, where their fingerprints are scanned, as part of the process of completing their immigration application for work authorization through marriage while waiting for the decision on their Green Card application through their spouse. Eventually, you will receive your EAD card in the mail, in the form of an Employment Authorization Document. So, within a short period of time, you can begin to work in the U.S. legally while your application for green card status through marriage is under review.

Troubleshoot Common Issues and FAQs

Work Permit Submissions for Interns and Trainees: Problems and Solutions. We examine problems that our clients encounter when submitting work permit applications for their interns and trainees.

1. What if my request for work permits for interns and trainees is denied? If your request for work permits for your interns and trainees has been denied, we explain why a request for work permits for interns and trainees would be denied and what to do next, i.e. reapply for a work permit or even possibly challenge a decision of the USCIS in due course.
2. How long does it take to receive my EAD? There is no fixed time frame for receiving an EAD. Although it can take some time, knowing the processing time for a work permit in advance can help planning. The processing time of work permits varies strongly and usually takes 3 to 6 months. We keep an eye on developments, including the changes as a result of recent regulations. You can check the status of your application online using your receipt number.
3. Can I start working while my work permit application is being processed? No. While your application is pending you will not be allowed to work until you receive your EAD (Employment Authorization Document). This is why it is so important to submit a request for work permits for your interns and trainees as early as possible in order to avoid any delays in processing.
4. Change of Address - Can I advise of a change of address? Yes, you can advise USCIS of a change of address. This must be done within 10 days of the move. You can update your online account for free or complete and return Form AR-11 to advise of a change of address.
5. Travel while permit request is pending? Travel while permit request is pending requires careful analysis and typically requires the services of an experienced immigration attorney.

Knowing your rights in urgent situations is crucial. Thus, in emergency situations, such as when you are contacted by ICE, served with a deportation notice, or charged with a crime, you must know your rights. Remember that you have the right to remain silent and request an attorney in such situations. Thus, for any emergencies, you can contact Vasquez Law Firm 24/7, and we will attend to your situation immediately. As noted in case studies, timely submissions of requests for work permits can lead to favorable outcomes. Recently, the Venezuelan Association of Massachusetts filed a lawsuit to challenge recent policy changes that would drastically affect permit requests by eligible individuals. We keep updated with the latest changes, including new ones due to recent regulations. The renewal fee for employment authorization for immediate relatives of U.S. citizens has increased to $795. This includes an additional fee of $275, which would clearly affect the costs of seeking employment authorization. USCIS has ended the policy of automatic extension of authorization for work for applicants whose requests for authorization are pending. Thus, there would be no automatic extension or renewal of work authorization while the pending application is being processed.

Conclusion

The process for work permits through marriage can be quite confusing and unnecessarily lengthy. Vasquez Law Firm details the series of steps to obtain work permits during the Green Card process for married individuals in this article.

To obtain work permits while waiting for Green Cards, married individuals must:

1. First obtain legal recognition of their marriage.
2. Complete the Form I-765 to request work authorization.

In addition to completing the application, applicants must attach:

• A copy of their marriage certificate.
• Proof of citizenship.

Given that the processing times for these types of applications can vary, Vasquez Law Firm emphasizes that obtaining work authorization is not a straightforward process.

Nonetheless, Vasquez Law Firm is here to assist 24/7 in English and Spanish, taking care of every detail of the process. This is not just a pile of paperwork; this is an opportunity for people to establish their lives here in the U.S. and to contribute positively to their communities.

Therefore, do not waste any more time. Contact Vasquez Law Firm today, and let us fight for you.

Frequently Asked Questions

What is the process for foreign-born spouses of U.S. citizens to obtain work authorization?

Foreign-born spouses of U.S. citizens must complete Form I-765 and submit it to the appropriate Service Center while applying for a green card through Form I-485. This process allows them to obtain work authorization while their green card application is pending.

Can foreign-born spouses of U.S. citizens automatically work in the U.S. after marriage?

No, foreign-born spouses do not automatically receive permission to work upon marriage. They must apply for work authorization separately by submitting Form I-765.

How long does it typically take to process family member petitions for green cards?

The processing time for approval of family member petitions, including forms I-130 and I-485, is generally around 13 months from the date USCIS receives the petition.

What services does Vasquez Law Firm offer to assist foreign-born spouses?

Vasquez Law Firm provides experienced Immigration and Family Law attorneys who are fluent in English and Spanish. They offer guidance on work authorization, assist with paperwork, and provide free initial consultations.

How can foreign-born spouses of U.S. citizens contact Vasquez Law Firm for assistance?

They can contact Vasquez Law Firm by phone at 713-880-1640, through the 24 Hour Hotline at 713-880-8795, or via email to schedule a free initial consultation.

Are there any flexible payment options available for legal services?

Yes, Vasquez Law Firm offers flexible payment plans for immigration and other practice areas.

Is Vasquez Law Firm available for urgent legal matters?

Yes, Vasquez Law Firm is available 24/7 for urgent legal matters, including immigration issues.

What is the significance of the Employment Authorization Document for foreign-born spouses?

The Employment Authorization Document allows foreign-born spouses of U.S. citizens to work legally in the U.S. while their green card application is being processed.

List of Sources

1. Understand the Work Permit Process Through Marriage
   • Under Trump, spouses of U.S. citizens face policy changes in the immigration system (https://npr.org/2026/07/06/nx-s1-5850322/trump-marriage-citizenship-spouse-scrutiny-policy-change)
   • USCIS Announces a Stricter Approach to Adjustment of Status (https://ariasvilla.com/uscis-announces-a-stricter-approach-to-adjustment-of-status)
   • Work Permit (EAD) For Spouses of U.S. Citizens Guide (https://immigrationhelpla.com/work-permit-through-marriage-us-citizen)
2. Identify Eligibility Requirements and Necessary Documents
   • Work Permit (EAD) For Spouses of U.S. Citizens Guide (https://immigrationhelpla.com/work-permit-through-marriage-us-citizen)
   • USCIS Tightens Marriage Green Card Procedures (https://boundless.com/blog/uscis-quietly-tightens-marriage-green-card-procedures)
   • Green card applicants married to U.S. citizens face new uncertainty amid arrests (https://nbcnews.com/news/us-news/green-card-applicants-married-us-citizens-arrests-uncertainty-rcna247265)
   • USCIS Announces a Stricter Approach to Adjustment of Status (https://ariasvilla.com/uscis-announces-a-stricter-approach-to-adjustment-of-status)
   • USCIS Issues Guidance Regarding Family-Based Immigration Policy | USCIS (https://uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy)
3. Follow the Step-by-Step Application Process
   • USCIS Phases Out Older Form I-765 Edition (https://manifestlaw.com/news/uscis-phases-out-older-form-i765)
   • Legal Immigration in Numbers: June 2026 Status Update - Niskanen Center (https://niskanencenter.org/immigrationdata)
   • USCIS proposes changes to Form I-765, Application for Employment Authorization | Immigration Policy Tracking Project (https://immpolicytracking.org/policies/uscis-requests-changes-to-form-i-765)
   • Tracking work permit applications among eligible immigrants | Brookings (https://brookings.edu/articles/tracking-work-permit-applications-among-eligible-immigrants)
   • Form I-765 Work Permit Guide: Filing Steps & Eligibility | Lighthouse (https://lighthousehq.com/blog/form-i-765)
4. Troubleshoot Common Issues and FAQs
   • Asylum seekers face intensified legal hostility and hurdles (https://sahanjournal.com/immigration/new-restrictions-asylum-seekers)
   • Citizenship and Immigration Services ordered to resume processing work permit applications (https://courthousenews.com/citizenship-and-immigration-services-ordered-to-resume-processing-work-permit-applications)
   • 5 things to know about a new proposed work permit rule (https://asaptogether.org/en/proposed-work-permit-rule)
   • CNN: DACA recipients are losing protections and work permits as renewal delays surge - Senator Alex Padilla (https://padilla.senate.gov/newsroom/news-coverage/cnn-daca-recipients-are-losing-protections-and-work-permits-as-renewal-delays-surge)
   • Court Denies Bid to Block New Limits on Migrant Work Permits (1) (https://news.bloomberglaw.com/daily-labor-report/court-denies-bid-to-block-new-limits-on-migrant-work-permits-29)