Can I Work While Waiting for My Marriage Green Card?

This is one of the most common questions couples have during the green card process. The short answer is: it depends on your current immigration status and whether you’ve received work authorization.

In this post, we’ll break down your options in simple terms, so you know exactly what you can and cannot do while waiting for your green card based on marriage.

1. What Is a Marriage Green Card?

A marriage green card allows a foreign-born person married to a U.S. citizen or green card holder to live and work permanently in the United States. To get this green card, you must go through a process that usually includes:

• Submitting Form I-130 (Petition for Alien Relative)
  
  
• Submitting Form I-485 (Adjustment of Status) if you’re already in the U.S.
  
  
• Attending a biometrics appointment
  
  
• Completing an interview
  
  
• Waiting for approval
  
  

This process can take 10 to 24 months or longer, depending on your case.

2. Can I Work While My Marriage Green Card Is Processing?

The only way you can work legally while your marriage green card is pending is if you have work authorization.

Yes, if you have a valid work permit (EAD)

If you filed Form I-765 (Application for Employment Authorization) along with your green card application (Form I-485), you may receive an Employment Authorization Document (EAD). This card lets you work legally in the U.S. while waiting for your green card.

As of 2025, it typically takes 3 to 8 months to get your EAD after filing, though this can vary.

Tip: Always file Form I-765 at the same time as your Form I-485 to avoid delays in working legally.

No, if you don’t have an EAD or other valid work status

If you start working without a valid EAD or work visa, you're violating U.S. immigration law. This could:

• Delay or hurt your green card application
  
  
• Create legal problems that may be hard to fix later
  
  

3. What If I’m Already Working in the U.S. on a Visa?

If you’re in the U.S. on a visa that allows you to work (like H-1B, L-1, or O-1), you can continue working under that visa while your marriage-based green card is processed. However, if you lose that job or your visa expires, you must wait for your EAD to begin working again.

On the other hand, if you’re here on a visa like B-2 (tourist) or F-2 (dependent on a student), these do not allow work. You must not take any job, even freelance or under-the-table work, until you receive your EAD.

4. How Do I Get a Work Permit (EAD)?

To get your work permit while your marriage green card is pending:

1. File Form I-765 along with your Form I-485 (Adjustment of Status).
   
   
2. Include passport-style photos and identity documents.
   
   
3. Wait for USCIS to process your application.
   
   

Once approved, you’ll receive a physical EAD card that shows your authorization to work in the U.S. You can show this to employers during hiring.

Note: The EAD is usually valid for 2 years and can be renewed if your green card is still pending.

5. Can I Start a Business or Freelance While Waiting?

No, you can’t legally start a business and work within the business or freelance in the U.S. without a valid EAD or work visa. Even self-employment is considered “unauthorized work” if done without permission.

6. What Happens If I Work Illegally While Waiting?

Working without authorization can have serious consequences, including:

• Denial of your green card
  
  
• Immigration penalties
  
  
• Future difficulty with naturalization or visa renewals
  
  

USCIS may consider unauthorized work as a violation of your immigration status, which can make it harder to stay in the U.S. legally.

7. Summary: Can You Work While Waiting for Your Marriage Green Card?

Need extra support during your marriage green card process? 

While you’re waiting for your marriage green card, it’s important to follow the rules closely to avoid problems that could hurt your future in the U.S. The best way to work legally is to apply for a work permit (EAD) as part of your green card process.

Still unsure about your specific case or timeline? Schedule a strategy session with Sisu Legal today.