EAD Regulation Question - Marriage Based Adjustment of Status

[speedsteryou 1]

Hello!

 

My wife and I got married 3 months ago, and filed her paperwork (I-130, I-130a, I-131, I-485, I-765, I-864) shortly thereafter. Once we had finished, we paid a lawyer a visit to make sure we had crossed our t's and dotted our i's, etc. 

 

When we visited the lawyer, she told my wife (who was and currently is employed - same employer) that because it was a marriage/family based adjustment of status, she did not need to stop working and it was generally overlooked. We are now waiting on our pending case, and wondering if a. that is actually a fact and b. if anyone here had any experience with something similar. If it is not supposed to happen, what should we do? Rent won't pay itself...😅

 

Thanks!

[Lil bear 4,294]

Moved to Adjustment of status as OP has indicated that this is the process they are using 

[Villanelle 4,122]

Are you a USC? How was she working before? 

[geowrian 22,338]

On what basis was she working before? If she was working legally before and her basis for doing so has not changed, then she can keep working fine.

If the attorney told her she can keep working ()and she is not doing so legally) just because they won't punish her for it, that's an ethical issue, and one that may or may not impact the employer.

Edited September 10, 2019 by geowrian

[speedsteryou 1]

9 minutes ago, Villanelle said:

Are you a USC? How was she working before? 

I am a USC.

[speedsteryou 1]

7 minutes ago, geowrian said:

On what basis was she working before? If she was working legally before and her basis for doing so has not changed, then she can keep working fine.

If the attorney told her she can keep working ()and she is not doing so legally) just because they won't punish her for it, that's an ethical issue, and one that may or may not impact the employer.

She was under F1 and had an OPT before. 

[geowrian 22,338]

1 minute ago, speedsteryou said:

She was under F1 and had an OPT before. 

Is her OPT/F-1 status still valid? If so, then no issue.

Edited September 10, 2019 by geowrian

[speedsteryou 1]

2 minutes ago, geowrian said:

Is her OPT/F-1 status still valid? If so, then no issue.

No, it expired in July. I'm just confused why the attorney would suggest this if it isn't actually okay

[geowrian 22,338]

Just now, speedsteryou said:

No, it expired in July. I'm just confused why the attorney would suggest this if it isn't actually okay

Then she is not working legally.

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

That doesn't make it legal either.

[speedsteryou 1]

11 hours ago, geowrian said:

Then she is not working legally.

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

That doesn't make it legal either.

What do you suggest she does? 

[Teemo 252]

15 minutes ago, speedsteryou said:

What do you suggest she does? 

 

 

11 hours ago, geowrian said:

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

 

 

[geowrian 22,338]

16 minutes ago, speedsteryou said:

What do you suggest she does? 

It would be against this website's TOS to advise or condone continuing illegal immigration activities.

[payxibka 10,047]

20 minutes ago, speedsteryou said:

What do you suggest she does? 

There is but one answer and I think you know what it is 

[Teemo 252]

19 minutes ago, geowrian said:

It would be against this website's TOS to advise or condone continuing illegal immigration activities.

Correct. But not to tell you the express law

 

11 hours ago, geowrian said:

Unauthorized employment is not a bar to AOS as the spouse of a US Citizen.

 

[geowrian 22,338]

1 minute ago, Teemo said:

Correct. But not to tell you the express law

Right - it's not a bar for AOS purposes.

It is still a violation of status and therefore should not be continued in accordance with law.

These are 2 separate issues.