Working papers without AOS

[moroccanwife 11]

I'm here asking some questions because I am concerned for a friend. She met a man online several months ago. He is an immigrant but he came here several years ago on a visitor visa and never left. He was married about a year after he got here but ultimately it ended in divorce. He has never filed any papers with USCIS, however, he does have a social security card and he does have a driver's license. He lives a few hours away and wants to move here but he wants to find a job first before moving here. However, he is interested in a profession that would require him to have working papers and he wants to do it legally. He asked her recently to marry him. She has agreed. If she marries him, will he be able to obtain his working papers without filing for adjustment? I am telling her I do not think that is possible but he is telling her that he knows another man who was able to do so after being here illegally. My biggest fear is she will marry him and then when he goes to file for his working papers, he will be deported with a ban from reentering the US. Does anyone know if he can obtain his working papers this way?

[payxibka 10,045]

I would think not.... previous illegal work is typically forgiven as a "courtesy" to a USC based on an family based immigration matter... without the USC being involved (ie... via an I-130 and the alien's I-485), I do not see how because the USC is not involved in the "case".

Secondly, if the alien submits an I-765 based on a "tourist" entry they are not eligible for work authorization under that status ...

FWIW, how did the alien get an SSN if he only wasa tourist? Might be more to the story........

[belinda63 3,038]

I assume you mean an EAD (employment authorization document). If he marries your friend they will have to apply for AOS based upon the marriage for him to obtain his employment document (and green card). If this is a straightforward case as you presented that should be all that is required and his overstay will be forgiven when the green card is received.

There are a lot of other factors here which make me hesitant to give an unqualified answer such as how he obtained a social security number (or is he "borrowing" someone else's), I would assume that you mean he has been working illegally. He will have to report all employment when he adjust his status.

Also the question of why he does not want to adjust his status is curious. He did not do it in his first marriage and says he does not want to do it with your friend, maybe you need to find out why?

And why does he want to marry your friend, just so he can work? She would have to prove it is a real marriage and not just for his Work Authorization.

I would advise your friend to be very careful here as she could become involved in an immigration fraud case if they marry just so he can get his "working papers".

[Chica Yeyé 41]

I assume you mean an EAD (employment authorization document). If he marries your friend they will have to apply for AOS based upon the marriage for him to obtain his employment document (and green card). If this is a straightforward case as you presented that should be all that is required and his overstay will be forgiven when the green card is received.

There are a lot of other factors here which make me hesitant to give an unqualified answer such as how he obtained a social security number (or is he "borrowing" someone else's), I would assume that you mean he has been working illegally. He will have to report all employment when he adjust his status.

Also the question of why he does not want to adjust his status is curious. He did not do it in his first marriage and says he does not want to do it with your friend, maybe you need to find out why?

And why does he want to marry your friend, just so he can work? She would have to prove it is a real marriage and not just for his Work Authorization.

I would advise your friend to be very careful here as she could become involved in an immigration fraud case if they marry just so he can get his "working papers".

Sister belinda, as always, is right thinking.

The man in question is out of status and has absolutely NO legal standing to work in the United States. At all. None, nada, zero, zip.

Make sure to tell your friend -if this is the case- that is she marries this guy to help him get a GC, she is not only aiding and abetting, but committing immigration fraud.

[moroccanwife 11]

FWIW, how did the alien get an SSN if he only wasa tourist? Might be more to the story........

That's what I'm thinking....I dont have a good feeling about this but she is my friend and I want to help her any way that I can.

[Brother Hesekiel 2,236]

Excellent response from Belinda. +1

Btw . . . in the early days it was easy to get a SSN and driver license with a valid I-94, perfectly legal. That's how I got mine.

Edited December 28, 2009 by Just Bob

[moroccanwife 11]

Actually he did not say he didnt want to adjust status...he just didnt mention it. I'm sorry, I dont have alot of information...just what she is telling me. He currently works for his family and that is why he has not needed working papers before...but if he moves up here with her, its a small town and hiring illegal immigrants is not common at all around here so of course he would need to be legal. I have no idea how he obtained a social security number but rest assured I will have her ask him. Another thing that bothers me too is the fact that he has provided his ss# and license number for a marriage certificate but I asked about his passport and she said she has not seen it. My advise to her is to tell him she needs it for the marriage certificate...which she most definately will need it.

Excellent response from Belinda. +1

Btw . . . in the early days it was easy to get a SSN and driver license with a valid I-94, perfectly legal. That's how I got mine.

yes he did tell her he had the I94....I told her that wouldnt matter...if he didnt leave after his tourist visa expired...he's illegal. But that would certainly explain how he got the ss#. Thank you.