When Should You File Form I-824

[pkliberty]

I lost my job in Feb 2010, but my husband has been working since Jan 2010 without authorization. He is here without inspection. I filed an I-130 and it was approved in June 2010. Our situation is further complicated in that we have a child, thus he has accepted employment to show that he will not become a public charge. If I am filing a I-485 and I-601 waiver (on grounds of inadmissability due to 3-10 year ban), will I need to file a I-824A on behalf of my husband if he is working?

[Mr. Knowitall]

Did you disclose on the I-130 that he entered without inspection? Are you proceeding based upon misrepresenting to the USCIS that he's outside of the country, hence the I-824 instead of an I-485 (which he cannot employ as he has no status to adjust)?

What did you put down on line 22 of form I-130?