Working while waiting for EAD and AOS

[lecht008 8]

I've seen two types of advice for working while waiting for EAD so I thought I would ask just to see why that is.  My spouse has sent in her AOS and EAD applications but has been asked to start working by a potential employer.  She told them she is waiting for EAD and they said they would pay her in cash so there would be no problem.  Regardless, we're both worried about any issues of working before EAD is approved.  But I've seen on VJ that people have said illegal work is no problem for spouses of US Citizens.  So even if USCIS found out it wouldn't be a problem?  How would it even come up, in the AOS interview will they ask if you've ever worked while in the US?  And why have I also seen on VJ people saying that you cannot work before EAD is approved, no exceptions? 

[aaron2020 11,651]

It's illegal to work without authorization.  It's illegal for your wife to work without an EAD.  An employer that is willing to pay her cash to avoid paying taxes is violating labor and tax laws.

Your wife has to wait for her EAD to legally work.  This is the downside of going the K-1 route.  She can ask for her EAD to be expedited based on a written job offer.

It's also against VJ's TOS to advise you on doing things that violates US laws.  

[ineedadisplayname 443]

13 minutes ago, lecht008 said:

I've seen two types of advice for working while waiting for EAD so I thought I would ask just to see why that is.  My spouse has sent in her AOS and EAD applications but has been asked to start working by a potential employer.  She told them she is waiting for EAD and they said they would pay her in cash so there would be no problem.  Regardless, we're both worried about any issues of working before EAD is approved.  But I've seen on VJ that people have said illegal work is no problem for spouses of US Citizens.  So even if USCIS found out it wouldn't be a problem?  How would it even come up, in the AOS interview will they ask if you've ever worked while in the US?  And why have I also seen on VJ people saying that you cannot work before EAD is approved, no exceptions? 

What others have said plus

 

Think about when they will ask if you work or not at the interview. basically you will admit it because lying to immigration is pretty harsh, but then you are in a catch, because you didn't pay any federal/state taxes, ss contribution from your income....

Yeah it sucks waiting for the EAD, but you can try to expedite it with a written job offer (if the company willing to give you one) or they are just looking for cheap labor since she will be working illegally she will have no voice or legal ground for anything. She can be let go when she refuses to go in on a weekend or do 3rd shift or clean the boss's car or whatever. You get the point.

[Ontarkie 13,957]

~~Thread locked for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. The question has been answered with the Legal options to the OP. Thread is not to be restarted~~