QUESTION

How soon can visa overstay get employment authorization if married to American citizen?

Asked on May 14th, 2013 on Immigration - Florida
More details to this question:
Thinking of marrying an unemployed US citizen. I would have to be able to work to help with living accommodations. Also, right now I work for commission, is that sufficient to get an ITIN from IRS? I overstayed my visa. What about states like Maryland & Chicago that allow undocumented people to work & get ID? Will they be helpful for non-Hispanic people?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, USCIS issues an employment authorization approximately 90 days after an I-485 application for adjustment of status to permanent residence is filed if so requested on form I-765 application for employment authorization. I note that in the process, your US citizen spouse would have to submit an I-864 affidavit of support form on your behalf. Your income would not count for purposes of the affidavit of support. As your contemplated spouse is unemployed, you should both also think of contacting relatives or friends to see whether they would be amenable to submitting joint affidavits of support on your behalf. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 18th, 2013 at 10:48 AM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. If you marry a US citizen, you will get a work permit in 3 months. What type of visa did you enter with and when?  You will need a joint sponsor, if your US spouse cannot show their financially ability to sponsor you. You can get an ITIN by applying, but it does not give you the right to work. You can get a SSN after you get the work permit.
Answered on May 15th, 2013 at 12:48 PM

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