US citizen married to illegal alien

L

lydar

New Member
My husband came with a J1 Visa, he overstayed his visa. He is working, paying his taxes and he decided to apply for a green card after 2 years of marriage. Will this affect his employment, and/or does he need to quit his job when applying for his green card? This is very important to know being that he is the main bread winner in our household. Thank you in advance.
 
lydar said:
My husband came with a J1 Visa, he overstayed his visa. He is working, paying his taxes and he decided to apply for a green card after 2 years of marriage. Will this affect his employment, and/or does he need to quit his job when applying for his green card? This is very important to know being that he is the main bread winner in our household. Thank you in advance.
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Actually out of status doesn't matter when he applies for green card through marriage (married to US citizen). If the U.S. citizen has job and show enough income, then no need to show his (illegal party) income and nobody will investigate if he is working or not when they plan to approve the GC for him (normal situation), but if the GC sponser (US citizen) doesn't have the income proof, then it will be a different story, you'd better file waiver first.
 
music_fan said:
Actually out of status doesn't matter when he applies for green card through marriage (married to US citizen). If the U.S. citizen has job and show enough income, then no need to show his (illegal party) income and nobody will investigate if he is working or not when they plan to approve the GC for him (normal situation), but if the GC sponser (US citizen) doesn't have the income proof, then it will be a different story, you'd better file waiver first.
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Illegal employment is not something that will prevent you from obtaining a GC as an immediate relative of an USC.

HOWEVER... IF you lie about it, and fail to disclose it when asked for (like in the form g-325a) it CAN be held against you.

So please, do not advice people to lie or conceal information.
 
if he is a bread winner, note that his income through unauthorized employment may not be used to claim that your household has enough income to sposor him.
 
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