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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Husband Overstayed Visa but He Wants to Work

    Hello everyone,

    My husband overstayed his visa (6years) but I have filed a I140 and just received notice that it was approved. Is there any form to file so that he may work while we continue to wait? We just had a baby and we could use the income.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Husband Overstayed Visa but He Wants to Work

    He cannot work. Illegal presence is only forgiven by marriage to a USC. He is subject to detention and deportation as well as a 10 year bar from entry. Deportation will complicate the matter further.

    You both really should consider finding another country where you both can live and work legally. Since you do not even have a green card and it will be at least 5 years after that before you will be a citizen, he will be an illegal alien for many, many years. You cannot sponsor him when you get a green card because he is an illegal overstay. Get used to supporting him and living in fear of the consequences from the government and the contempt of those around you.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Husband Overstayed Visa but He Wants to Work

    Do you mean an I-130?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Husband Overstayed Visa but He Wants to Work

    An I-130 doesn't provide rights to work (on it's own). An i-140 would result in a work authorization.

  5. #5
    Join Date
    May 2011
    Posts
    2

    Default Re: Husband Overstayed Visa but He Wants to Work

    thank you everyone for your responses...

    I'm sorry I don't think I explained our situation correctly. I am a born citizen, my husband, overstayed his visa about 6 years now. We recently were married in Nov. and in early Jan. submitted an I130 which was just approved this week. We are hoping there is something we can do (while we continue down the immigration process) to allow him to work legally in the US. Is there any forms for this?

  6. #6
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Husband Overstayed Visa but He Wants to Work

    If you submitted the I130 (and I assume I485 adjust status?) You can also file form I765 application for employment authorization. Usually, you can file all three at the same time.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

    This will allow him to work on the authorization while your petitions are pending. Processing time looks to be about 3 months.

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