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Unauthorized Employment while I-485

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by dp0127, Nov 9, 2011.

  1. dp0127

    dp0127 Registered Users (C)

    Hello, hope everybody is doing great.

    I have a couple of questions maybe somebody can help. I recently filed I-485 based on marriage with USC, I did not send form for EAD since I read its optional. I have received the interview for fingerprinting coming up on Nov 17. I am currently working and I don't know how will that affect me on getting my Green Card, I came to this country on a tourist visa back in '05 I still have the I-94 from when I came, I want to know if its better to get the EAD card or no, I am just worried that if I'm asked at interview my petition will be denied. Basically I have been working illegally. Should I still send the I-765?

    I am working because my wife doesn't make that much and we have two kids (a 6 year old boy and a 2 year old little princess :D) and I have to support them.

    Please advise. Thank you in advance.
    Last edited by a moderator: Nov 9, 2011
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    You should apply for an EAD. Unauthorised employment will be overlooked if AOSing as the spouse of a US citizen.

  3. Jackolantern

    Jackolantern Registered Users (C)

    It's optional only for people who don't want to work in the US during the I-485 process, or people who already have some other kind of authorization to work (like H1B or F1-OPT).

    Did you get a joint sponsor for the I-864, or is your wife's income enough by itself to meet the I-864 requirements for a household size of 4 (or more, if applicable)? I hope you're aware that your income from unauthorized employment cannot be used for the I-864.

    Is the 6 year old your biological son? If yes that means you've been together for at least 6 years. What prevented you from filing an I-485 for the past 6 years? Depending on the reason, you may have other problems.
  4. dp0127

    dp0127 Registered Users (C)

    Thanks for your responses.

    I am married to a USC so it means its ok?

    1. I do have an sponsor (mother-in-law) because my wife's income wasn't enough.
    2. My 6 year old son is my Biological son.
    3. I've been with my now wife for the past 7.5 years, we moved in together about 6.5 years ago (when we moved in together she was already 6 months pregnant) and I've been married to her for the past 4 years (to be honest I could not married before because we didn't have enough money to do it)
    4. I did not filed the I-485 earlier because my wife at the time was only a permanent resident, she just became a naturalized USC in August and I filed I-485 in October.

    I do not have any kind of authorization to work but I want to know if its better just to apply for EAD.

  5. Jackolantern

    Jackolantern Registered Users (C)

    You definitely need to apply for the EAD. Filing I-485 based on marriage to USC is not a carte blanche to continue unauthorized employment. You can be arrested and detained if your employer is audited or raided.

    If you show up at the interview still working without EAD, your case could run into delays or complications while they decide what to do about your ongoing disregard for the law. Filing the I-485 doesn't necessarily protect you from accumulating unlawful presence if you continue to work without authorization. I don't know if they'd be allowed to approve your GC while you're still working without EAD.
  6. dp0127

    dp0127 Registered Users (C)

    Ok, so I will apply for EAD, do I have to pay a fee for that? Also do I have to attached a copy of the receipt of I-485 or any other type of documentation? Thanks
  7. Jackolantern

    Jackolantern Registered Users (C)

    There is no fee for the EAD for people who filed I-485 after the Summer 2007 fee changes (actually the EAD cost is built into the I-485 fee). Since you didn't apply for it together with the I-485, you'll need to include a copy of the I-485 receipt along with the I-765 application. See the I-765 instructions for what else you'll need to include.
  8. dp0127

    dp0127 Registered Users (C)

    Ok, thanks Jackolantern your a big help.

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