Our au pair, a New Zealand citizen, is in the US on an authorized au
pair visa. She plans to marry a US Citizen next December 2002 in New
Zealand(someone she has dated for several years -- a genuine
marriage). She and her husband (to be) would like to return to the US
and she would like to continue to work for us beginning in March 2004.
We'd like to know the precise process for her to obtain a legal work
permit to allow such employment. In particular, does she automatically
have the right to enter and work in the US following her marriage, or
is there a waiting or application period? What steps should we
undertake now or in the future to expedite or ensure there will be no
delay? (Will the fact that she is marrying in NZ result in delay or
barriers? If so, would a US marriage avoid this?) What are the forms
we need to file in order to ensure we deduct the appropriate "payroll"
tax?

<As a US citizen, your wife is considered an immediate relative and
will be immediately entitled to an immigrant visa.

To apply for a visa, the following forms will need to be submitted:
Form I-130, Petition for Alien Relative.
A copy of your birth certificate showing your name on your U.S.
passport.
If you are a citizen not born in the U.S, a copy of your certificate
of naturalisation or citizenship or your U.S. passport
Completed and signed G-325A’s for both you and your wife.
A copy of your civil marriage certificate.
If previously married, proof of the legal end of the marriage i.e
death certificate, divorce decrees or annulment decress.
A color photo of you and one of your wife.

Form I-130 can be downloaded at
http://www.immigration.gov/graphics/formsfee/forms/i-130.htm


It is possible for your wife to live and work in the U.S. whilst the
visa petition is pending by applying for a K-3 visa. To apply for a
K-3 visa you need you first need to file form I-130. Once this has
been filed, you will receive form I- 797. You then need to file form
I-129F. You can then file for a work permit by filing form I-765. Once
she has been granted permanent residence status, your wife will no
longer need a work permit.

By getting married in New Zealand, you will need to wait for the K3
visa to be approved.
However if you get married in the U.S. it is possible to bring your
fiancée to the U.S. before the marriage but the marriage must take
place within 90 days of her arrival.  This process is explained by
following the link below.
<How do I bring my spouse (husband or wife) to the United States?>
<http://www.immigration.gov/graphics/howdoi/spouselive.htm>

The IRS publishes a Household Employer’s Tax Guide (Publication 926).
This can be viewed at http://www.irs.gov/pub/irs-pdf/p926.pdf It is a
pdf document and you will need Acrobat Reader installed on your
computer to read it. You can get a free copy of Acrobat Reader at
http://www.adobe.com/products/acrobat/readstep2.html

Forms you need to file.
If you do not have an employer identification number (EIN) you will
need to file form SS-4. You will also need to file a separate, form
W-2 for your employee.>

<Additional links:>

<Petitioning procedures>
<http://www.immigration.gov/graphics/howdoi/Appproc.htm>

<Applying for a K3 visa>
<http://www.immigration.gov/graphics/howdoi/hdiknonimm.htm>

<How do I bring my fiancée to the U.S.? – K-1 visa>
<http://www.immigration.gov/graphics/howdoi/fiance.htm>

<Household employer’s tax guide.>
<http://www.irs.gov/pub/irs-pdf/p926.pdf>


<Search strategy:>

<immigration>
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=immigration>

<irs>
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=irs>


<Hope this helps.>

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Request for Answer Clarification by sizzlerman-ga on 10 Mar 2003 13:45 PST

Thanks for a very clear and comprehensive answer...one follow-up point
of clarification is the general timetables that we can expect for the
process and whether there will be a period where the applicant cannot
work legally (and, if so, how long). In particular, how long does it
generally take to receive action on form I-30 and when precisely in
the process can the applicant legally work (e.g. after the I-30 is
filed etc...)?  One additional question: Would hiring an immigration
lawyer provide a kind of insurance policy for ensuring accurate and
expedited filings? (I realize that this last answer might be beyond
the scope and call for a difficult judgment call)...thanks again

---

Clarification of Answer by belindalevez-ga on 12 Mar 2003 04:08 PST

<A timetable for someone applying for an I-130 visa is given at
http://www.ameriscot.com/i130/timeline.htm The application was posted
on 28th September and a temporary green card was issued on 18th
December. A permanent green card was received on 14th February. In
this case it took approximately 12 weeks to get a temporary green card
and 20 weeks to get a permanent green card.

You may work when you get your Employment Authorisation Doucument
(EAD). http://isss.binghamton.edu/imm/workj2.html

According to a question answered at
http://www.usvisanews.com/wedquest121802.html
It takes on average 4 months to get employment authorisation.

Using an immigration lawyer will smooth the process for you as he/she
will be experienced in dealing with all the various applications and
will be able to advise on the quickest method.
The experience of someone who used an immigration lawyer is recounted
at
http://www.magma.ca/~jagwar/cdnGuideBrainDrain/cdnGuideBrainDrain/node106.html>

very complete and well presented with helpful links. thanks!