Working Illegally with pending I-485...

[fairygoddess1983]

Hi all-

I am a US Citizen and my husband entered the US legally, but overstayed his visitor visa, eight years ago. He has been working illegally since he came here. Can he continue to work once we file the I-130,1-485 package? Or, will this result in a denial of AOS? Also, he lost his I-94. Does he have to apply for a replacement or will the paperwork go through without it? And just one more question...lol, when it asks you what the current status is of the immigrant do you write "overstayed visitor"?

Thank you in advance for all your help.

[PraetorianXI]

1) he should stop working until he gets his work permit (EAD). he should not lie in the applications about his illegal employment, but certainly stop working. (ps: his income can not be counted in the I-864).

2) he needs to get a replacement, does he have a stamp on his passport? he needs to show that he entered legally. in the worst case, submit the I-102 receipt along with the application.

3) just write "out of status"

[fairygoddess1983]

I-94

Hi-

Yes, there is a stamp in his passport. Thank you for the advice. The I-102 directions state that you can file it with a I-485, so we will put it in the stack of papers.

[PraetorianXI]

Hi-

Yes, there is a stamp in his passport. Thank you for the advice. The I-102 directions state that you can file it with a I-485, so we will put it in the stack of papers.

That is a good idea. And again, stop working illegally.