Working with no EAD

[ruckenbrod 0]

Hi guys,

My new wife is currently applying for AOS and we already have an upcoming AOS interview at Oct 25. She came in as a K1 spouse visa and we got married within 90 days. She has an SSN number but she doesn't have an EAD yet.

She was employed by a company recently and has been working there for a little over 2 weeks. She got paid like any other US employee. We then realized that apparently by reading through these forums that she might not have been working there legally because of lack of EAD. Aside from this mishap everything else is fine with no issues.

Considering she has been paid already, will records show that she worked during those 2 weeks? Worst case scenario will our situation cause her to lose eligibility to get her AOS request approved? Do we just tell the truth to the officer and plead that it was an honest mistake? I might've missed a few details here but if there is anyone there that can help us it would greatly be appreciated. Thanks.

Edited September 28, 2010 by ruckenbrod

[raffy 7]

Hi guys,

My new wife is currently applying for AOS and we already have an upcoming AOS interview at Oct 25. She came in as a K1 spouse visa and we got married within 90 days. She has an SSN number but she doesn't have an EAD yet.

She was employed by a company recently and has been working there for a little over 2 weeks. She got paid like any other US employee. We then realized that apparently by reading through these forums that she might not have been working there legally because of lack of EAD. Aside from this mishap everything else is fine with no issues.

Considering she has been paid already, will records show that she worked during those 2 weeks? Worst case scenario will our situation cause her to lose eligibility to get her AOS request approved? Do we just tell the truth to the officer and plead that it was an honest mistake? I might've missed a few details here but if there is anyone there that can help us it would greatly be appreciated. Thanks.

I have never heard of this situation but, when she filled the paperwork at her workplace, what did she write under "alien number" (or citizen was checked?) her workplace was at fault when they didnt ask her for the appropiate documentation.Well, this previous comment will not help your case either way...

Anyways, worst case scenario, when you go to the interview remember the best thing that both of you can do: open your mouth ONLY to ANSWER questions as short and straight forward as possible, don't elaborate or start telling stories... specially the ones who will get you in trouble...

There will be a SS record of her income, as far as the SS sharing that info with USCIS: I really doubt it.

Good luck!!

Anybody else would like to add anything here?

[VanessaTony 3,567]

Long story short, as long as SHE was honest and didn't claim to be a citizen when she isn't she will be fine. Remember to pay taxes and if asked admit that she's working. She cannot be denied because of it. But her work CAN get into trouble if they're caught paying someone who isn't legal to work.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to " Working & Traveling During US Immigration" as this is relating to working**

Edited September 29, 2010 by Vanessa&Tony