What to do

[biglove1 1]

Hello . VJ family..

my wife came here in late January. And we got married in March . However we have yet to file her AOS . She also worked past her I-94  expiration date.. we are planning to file this week . However I wanted to ask here since being out of status should we hire a lawyer? 

 

Thanks 

[geowrian 22,338]

Worked? She wasn't authorized to work at all..she needs an EAD to be allowed to work.

 

No lawyer needed. Just file for AOS + AP + EAD.

Guide: https://www.visajourney.com/content/k1k3aos

[Ben&Zian 4,398]

Like above, for starters, without applying for AOS with the work permit, she shouldn't have worked period. That is very clear as without a work permit, no one is legally allowed to work...

 

That being said, at this point just file for AOS and it's all fine.

[debbiedoo 2,339]

once you file AOS she is back in status.

 

working without proper authorization is a different matter, although to my knowledge is typically forgiven when married to a USC and filing for AOS.

[Cyberfx1024 7,980]

38 minutes ago, biglove1 said:

Hello . VJ family..

my wife came here in late January. And we got married in March . However we have yet to file her AOS . She also worked past her I-94  expiration date.. we are planning to file this week . However I wanted to ask here since being out of status should we hire a lawyer? 

 

Thanks 

No, you do not need a lawyer for filling out a late AOS. We have had people in here that did not file a AOS for their spouse for literally years and it was no issue. 

 

Working on the other hand without authorization is a different issue. Your wife can not work with first receiving the EAD or the GC whichever comes first. 

[biglove1 1]

Thanks VJ  family for all  the responses . When she came in to the POE her I-94 said temporary work approved. So after 3 weeks we went to apply for her ss card and asked the officer if she could indeed work and he said yes because DHS had approved .. 

[geowrian 22,338]

4 hours ago, biglove1 said:

Thanks VJ  family for all  the responses . When she came in to the POE her I-94 said temporary work approved. So after 3 weeks we went to apply for her ss card and asked the officer if she could indeed work and he said yes because DHS had approved .. 

She was a legal resident allowed to work with DHS authorization. DHS authorization to work would be be an EAD. The SS card itself should state it is only valid to work with DHS authorization.

She needs an EAD to work.

[biglove1 1]

If  USCIS deny without RFE , is the beneficiary deported or need to reapply?

[geowrian 22,338]

17 minutes ago, biglove1 said:

If  USCIS deny without RFE , is the beneficiary deported or need to reapply?

They can refile so long as they do not send a Notice To Appear (NTA) for removal proceedings.

A recent policy change means they will send an NTA with the denial more often when an AOS application is denied. But how often this happens and for what reason is not clear...presumably it's more common when the application is refused due to an inadmissibility, not a "minor" issue.

[biglove1 1]

Thank you very much 

[biglove1 1]

Thank you very much