Hey guys. I have a question for all. I am marrying a green card holder but in the past I continued to work for 7 months after my student opt got expired. What should I do in this situation? I want to receive travel permit to be able to go see my family. Can I get at least approved for EAD with travel and then wait for my spouse to become citizen and apply for adjustment of status afterwords or am I not going to get approved for travel permit until he becomes citizen? Thank you everyone
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Illegal work and not married to green card holder
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From what I read: to get EAD you need to file AOS. Because you are marrying a GC holder your application will be denied.Nov 2018 - Package sent - EB - Texas Service Center
Day 1 - Package received at the lockbox
Day 999 - Card delivered to me - Aug 2021
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All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.
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Since you were on F-1, you were almost certainly admitted for D/S on your I-94. As long as you've never applied for some benefit to USCIS and was denied after you were out of status, you have not accrued any "unlawful presence". So you should be able to do Consular Processing without triggering any ban. So I think you guys should submit the I-130, selecting the consulate where you want to process it abroad, and then when it's time for the interview, you leave the US to attend the interview and get the immigrant visa and come back.
This is my personal opinion and is not to be construed as legal advice.
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