can a married, (Out of Status) E3 Visa holder apply for spousal Green Card?

[Louis D]

Hello,

Please someone advise me!

I am an Australian citizen. I have been married to an American citizen since January. I am currently on an E-3 Visa but my sponsor terminated my employment over a year ago so I am "Out of Status".

Am I able to apply for a Spousal Green Card?

Do I risk deportation due to being out of status in regards to my E-3?

Is it safe to apply for a Green Card by submitting forms I-130 and I-485?

Thanks very much!

[scientist2016]

As long as your spouse is a US citizen, and you have entered with inspection, your being out of status does not matter. So go ahead and submit I130 & I485 ASAP.

[Louis D]

As long as your spouse is a US citizen, and you have entered with inspection, your being out of status does not matter. So go ahead and submit I130 & I485 ASAP.

Thank you very much. That is a huge relief. Have a great day!

[Louis D]

May I ask also,

When completing the i-485, should I disclose work I did for employers who were NOT my E-3 Sponsor (cash jobs in bars, freelance work which paid with company checks etc). My inclination is to not mention this work may have been in violation of my E-3 VISA.


Thanks for any advice you can offer.

[newacct]

May I ask also,

When completing the i-485, should I disclose work I did for employers who were NOT my E-3 Sponsor (cash jobs in bars, freelance work which paid with company checks etc). My inclination is to not mention this work may have been in violation of my E-3 VISA.


Thanks for any advice you can offer.

Yes, absolutely disclose. It can't hurt you, so there is no reason to lie, and lying will get you banned for life.