Consequences for working without EAD?

[bcapprec 0]

O.K. here are the questions first:

1. What are the chances of getting caught?

2. What are the likely consequences?

3. What are the likely ways of getting caught?

Now some explanation. My wife is in the classic category of being in between the K-1 initial 90 day work authorization and the wait for getting the EAD via the I-765 (part of our AOS I-485 package). I've read alot here about all the interpretations of whether a K-1 can work (and when) along with all the fuzzy areas (i.e. we have sent in the I-765 but are waiting for the receipt and the initial 90 day authorization has run out). I see that most people have said that one must quit and wait for the EAD but that it could also be up to the employer. In any case there is sure alot of great info on this site and great threads regarding this topic.

It seems to me though that the bottom line is how much one is willing to risk getting caught and having life made difficult for them. And then there is the I-9 (question 3). It gets sent to the INS and asks when you started work. Nuff said, right?

Thanks for your help!

BS

[Heracles 417]

It's a tough one. 'If' she gets caught her AOS could be denied, hence she would have to leave immediately..

Personally I wouldn't risk it.. Mainly because she is in the AOS process..

Edited August 21, 2006 by Infidel

[Boiler 45,525]

It's a tough one. 'If' she gets caught her AOS could be denied, hence she would have to leave immediately..

Personally I wouldn't risk it.. Mainly because she is in the AOS process..

On this board most have immigrate through K/CR1/IR1.

But I believe most adjustments involve those who have entered on other Visa's, many of them not entitling them to work at all.

And then there are those who entered illegally and have returned to file waivers, note no waiver required for working.

The main risk lies with the Employer, not you.

Just do not lie about it, I have never heard of an Adjustment issue arising from unauthorised working.

[john_and_marlene 162]

It's a tough one. 'If' she gets caught her AOS could be denied, hence she would have to leave immediately..

Personally I wouldn't risk it.. Mainly because she is in the AOS process..

This is incorrect. An adjustment of status based on marriage to a USC cannot be denied for working without authorization. The unauthorized work will be forgiven at the AOS.

The true danger of unauthorized work would be if, after working without authorization, the beneficiary travels outside the U.S. using AP. If it is determined at the POE on return that you worked without authorization, you will not be allowed entry and will get a 5 year ban.

[frndly1 1]

Ihave read on one of these board that the spouse of the USC was asked about working while waiting for the AOS interview.

I would not take the risk because you know the Gov't does what they will. I can't believe that all of the wrong doing is forgiving by the Government.

[Boiler 45,525]

Ihave read on one of these board that the spouse of the USC was asked about working while waiting for the AOS interview.

And what happened?

I would not take the risk because you know the Gov't does what they will. I can't believe that all of the wrong doing is forgiving by the Government.

No they do not, generally. You would be wrong in your belief.

[bcapprec 0]

Hmmm...

It all sounds a bit vague.

[no name 1]

This is incorrect. An adjustment of status based on marriage to a USC cannot be denied for working without authorization. The unauthorized work will be forgiven at the AOS.

The true danger of unauthorized work would be if, after working without authorization, the beneficiary travels outside the U.S. using AP. If it is determined at the POE on return that you worked without authorization, you will not be allowed entry and will get a 5 year ban.

So does that mean you can work without EAD while waiting for AOS/EAD/AP?

[Kez/JWolf 6]

No you need EAD to work....

Kezzie