QUESTION
If a spouse overstays her visitor visa but marries a US citizen, is it necessary to file for employment authorization when filing the I-130 and I-485?
Asked on Sep 24th, 2013 on Immigration - Michigan
8 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It is - if she wants to work and have Social Security number, driver's license and bank accounts before getting her green card. Considering that the application does not cost you a penny if you submit it together with I-130 and I-485, what might be a reason not to file it?
Answered on Sep 26th, 2013 at 5:35 AM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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It is not necessary but I would recommend doing it, since there is no separate fee for this filing, provided that you file it together with your I-130/I-485 package.
Answered on Sep 26th, 2013 at 4:53 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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It is not required, but recommended since there is no additional cost.
Answered on Sep 26th, 2013 at 2:51 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. The spouse can apply for employment authorization on form I-765 when she applies for adjustment of status. There is no additional fee for the application.
Answered on Sep 25th, 2013 at 12:35 PM
An I-765 for employment authorization needs to be filed if she wants to work whether or not she overstayed her visitor visa.
Answered on Sep 25th, 2013 at 12:14 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It is not necessary but advisable. The work permit can serve as ID and facilitate getting a social security number (and Driver's License). And it's free when applying for the adjustment of status.
Answered on Sep 25th, 2013 at 11:05 AM
Nothing is necessary, but if a spouse would like to work while the application is pending, I 765 is ny such a bad idea.
Answered on Sep 25th, 2013 at 9:49 AM