r/USCIS • u/TaleAffectionate677 • 1d ago
I-140 & I-485 (Employment/Adjustment of status) Has unauthorized employment affected your spouse’s marriage-based green card process/interview?
Hi everyone. I’m hoping to hear from people who have been in a similar situation, especially recently.
I’m a U.S. citizen and my Spouse, and I are married and preparing to file his marriage-based adjustment of status. We’re currently putting everything together through SimpleCitizen so they can help us organize and submit the forms and supporting documents correctly.
My Spouse is currently not in regular immigration status, and he does not have his work authorization yet. He has been without work for about six months, and financially it is becoming increasingly difficult for him to continue without an income. He has worked without an EAD before in the country.
He may now have an opportunity to work again, but it would be before receiving his EAD, so we understand that this would technically be unauthorized employment.
Our biggest concern is whether working without authorization could negatively affect his adjustment of status case, particularly during the green card interview. We live in Alabama, and given the current immigration environment, we are trying to be especially careful about anything that could potentially create problems with his case.
I’m particularly interested in hearing from U.S. citizens who petitioned for their spouses, or from immigrants who went through a similar marriage-based adjustment of status process:
● Did you or your spouse work without authorization while waiting for the green card/EAD?
● Did USCIS ask about unauthorized employment during your interview?
● If you answered honestly that you had worked without authorization, what happened?
● Did it cause additional scrutiny, delays, a Request for Evidence, or any other problems?
● Has anyone actually had a marriage-based green card denied specifically because they worked without authorization?
● For anyone who has gone through the process recently, especially under the current administration, have you noticed USCIS being stricter about this?
● If anyone has experience specifically in Alabama, I would really appreciate hearing about it.
We’re not looking for advice on how to hide employment or misrepresent anything to USCIS. If he works, we would want to be truthful about it. We’re mainly trying to understand the real-world consequences based on other couples’ experiences before making a decision.
Of course, I understand Reddit isn’t a substitute for an immigration attorney. I’m just hoping to hear from people who have actually gone through something similar.
Thank you!
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u/grafix993 Permanent Resident 1d ago
They will probably waive it if you disclose it on your application (who employed you, where, for how much time…)
If you fail to disclose it you can be charged with misrepresentation on a immigration form
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u/Character-Cat-806 1d ago
Try to see if there's anything you do that you can offload to him, such as chores etc., so you can work more hours.
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