EADS and/or Unauthorized Work

[SunDrop 59]

Was just reading through a thread where the OP's soon to be husband has overstayed his B-2 by 2 years and has been working illegally all this time.

We K-1ers patiently sit waiting for our EADs to arrive, often passing up opportunities to earn a little cash because we're not allowed to work with an EAD.

But we constantly advise people concerned about their unauthorized employment, that this is "forgiven" when carried out by the spouse of a USC, without affecting their AOS in any way.

So, why do we bother with EADs? Are they just an unnecessary bureaucratic process, that delays the I-485 or is there a good reason why K-1ers can't work once married? Why aren't we all just picking up whatever work we can under the table?

I'm not saying that I agree with it. But I am interested in hearing what everyone else makes of it...

[Nich-Nick 3,354]

Because it's illegal and you don't want to break the law and risk getting caught and arrested.

Because it's hard to find a job where they pay "under the table". Maybe the OP's husband got his employment when he was legal and just never informed them when his authorization expired.

[Y&E 12]

My question regarding this is: what happens if you receive your EAD and your name is spelt wrong? Technically you have permission to work because it's their error but you still have to reapply for the EAD and get the mistake sorted out. So, are you allowed to work or not? I'm guessing not, because you have to take it to SSA to change / request your SSN and give it to your employer. It's a very stupid process to get any administrative mistakes corrected.

I also agree with Sundrop that it seems strange that working is 'forgiven' if you are married to a US citizen but work illegally but they still have the EAD process. Surely it would be a good thing to allow us to work as soon as possible because it would produce more in the way of taxes. I suspect that it is because there is no guarantee that AOS will be granted and they want to discourage people from working and staying illegally once they are married.

[juliava 80]

EAD is not issued just to authorize you to work , it has many other benefits:

1. It's a proof of legal presence in US, until you get your own AOS approved. It's easy to pull that out, if your immigration status is being questioned.

2. You can use it to get your SSN. Not everybody has one when they apply for AOS.

3. You can use it to apply for your DL/ID. Most of the times you won't be working across the street, you will need to drive.

Yes, it makes a lot of sense to "bother" and get one. By the way, it doesn't delay the I-485 application, as I read above.

Edited December 19, 2010 by juliava

[Brother Hesekiel 2,236]

True.

I worked for many years without authorization, which includes pre-AOS and post-AOS time. Just because somebody submitted an EAD application (which I did as well) doesn't means he or she all of a sudden drops everything and stops working. It's just that once the EAD is issued, the work is authorized.

Keep in mind though that because it's an IRS issue, not paying taxes on the income received is never "forgiven." Even with a freshly issued Green Card, the IRS can knock on your door or charge somebody with tax evasion. For that reason, I always advise applicants to file at least 3 years of back taxes if they haven't done so already and submit the tax returns with the AOS package.

Edited December 19, 2010 by Just Bob

[Vuvu zela 9]

It's clearly marked as a warning on the back of the I-94 not to perform unauthorized work.

If caught, the person could face deportation.

Although it's tempting to work without authorization because many have done it without being caught, it is a very risky endeavor!

[NigeriaorBust 4,087]

It is the employer that wants you to have an EAD becuse they get huge fines for hiring people not authorized.

[Usui Takumi 1,562]

Was just reading through a thread where the OP's soon to be husband has overstayed his B-2 by 2 years and has been working illegally all this time.

We K-1ers patiently sit waiting for our EADs to arrive, often passing up opportunities to earn a little cash because we're not allowed to work with an EAD.

But we constantly advise people concerned about their unauthorized employment, that this is "forgiven" when carried out by the spouse of a USC, without affecting their AOS in any way.

So, why do we bother with EADs? Are they just an unnecessary bureaucratic process, that delays the I-485 or is there a good reason why K-1ers can't work once married? Why aren't we all just picking up whatever work we can under the table?

I'm not saying that I agree with it. But I am interested in hearing what everyone else makes of it...

At the end of the day employers are NOT forgiven. So there is the ethical idea of "Do you want to knowingly put a company at risk for a fine".

Also, you never know when the official policy might change.